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Albu Ufanifeds: Hes 1 afe, 1 egal Method and fegacy Published in the UK by Kube Publishing Ltd. and Interface Publications Ltd.
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Contents
Preface
—About Aba Hanifah, va --—- Abour rhis hook, ix —aAcknowledgements, xu
Introduction: background to
the first development of the law
—The importance of the law in islam, 3 —Atter the death of the Prophet, 10 — The emergence of Islamic scholars, 12 —Scholars as judges and jurisconsuíts, 15 — 'Qur'in and Sunnuh* a clarification, 17
His life
—Namme and ancestry, 21 —Uarly education, 23 —Training in
High, 15 —Renutation in Seaifé arcles, 28 —His teachers in edith
and fig, 28 —Diis relations with the state; imprisonment and death, 37 —Ilis descendants, 41 — His livelihood and personal qualities, 42 —The view of contemporaries and peers, 30 His fa? —The Kutan school of £g/, 33 —ADG Haniteh and the Ketan school, 36 —Sources and principles of his igh, 58 —Phe Qur'an and Sunnah and seas, 59 —Preterence beoween duct and gipas, 63 —lrndt® and gevas, 64 —Istitisan, 69 —Characteristics of Abd Hamtah's gh, 71 —,/5/ af ray and ab uf hadirh, 75 Fs works and his students
Kalm (dogymarnes and theolo), 86.— FIudirh, 92—.1 his students: Pud/?h specialists, 94; iunists, Y8
vil
2i
85
6
His achievement and legacy
— Ale Hanifah’s #igêr an overview, 101 —Regional spread ot the Hanafi school, 104 —Developments of the /49^ works of the school, 108 —Devclopment of sim atfigh in the Hanati school, 112. The moderna period, 1104 —Postseripe, 115
Sources and Further reading
—Sources, 121 --Purther reading; Aba FÉ anifah's life, 126; Aba Lanufah’s fig, 127
Bibliography
Index
—Quranic verses and Prophetic traditions cited, 133 —Geoyrrniphical terms, 154 —Names of persons and groups, 135 —RKeywords, conceprs, ropies, 139 —ranslierared words and phrases, 145
List of charts; image
Transmission ol dadih, through the students of major narrators among the Companions, te Abu ]Hanifah
Transmission of fg, through che students of major jurists among the Companions, to Abu Flantfah
‘Transmission of Aadrh, through Abo |fantiah’s students, te the compilers of the ‘Six Books” of hudih
Transmission e£ gb, through the students of Aba Hanifah, to tne founders of the Shaft and Hanhali schanls
‘The Aba Hanitah masjid, Baghdad, where he ts buried, e 1890)
101
ea
122
133
32
36
96
100)
40)
Contents
Preface
—About Aba Hanifah, va --—- Abour rhis hook, ix —aAcknowledgements, xu
Introduction: background to
the first development of the law
—The importance of the law in islam, 3 —Atter the death of the Prophet, 10 — The emergence of Islamic scholars, 12 —Scholars as judges and jurisconsuíts, 15 — 'Qur'in and Sunnuh* a clarification, 17
His life
—Namme and ancestry, 21 —Uarly education, 23 —Training in
High, 15 —Renutation in Seaifé arcles, 28 —His teachers in edith
and fig, 28 —Diis relations with the state; imprisonment and death, 37 —Ilis descendants, 41 — His livelihood and personal qualities, 42 —The view of contemporaries and peers, 30 His fa? —The Kutan school of £g/, 33 —ADG Haniteh and the Ketan school, 36 —Sources and principles of his igh, 58 —Phe Qur'an and Sunnah and seas, 59 —Preterence beoween duct and gipas, 63 —lrndt® and gevas, 64 —Istitisan, 69 —Characteristics of Abd Hamtah's gh, 71 —,/5/ af ray and ab uf hadirh, 75 Fs works and his students
Kalm (dogymarnes and theolo), 86.— FIudirh, 92—.1 his students: Pud/?h specialists, 94; iunists, Y8
vil
2i
85
cee ABL ELAN JE AN
over time, his doctrine came to be identified with his name rather than the name of his citv (Kufah). However, he could nat have com- manded che authority that he did if he had not also been exemplary in sclt-discipline and picty and, as a man, warm as well as virtuous, as familiar to and loved hy his neighbours as he was respected and admired by his fellow scholars.
What distinguishes Aba [lanifah from other geniuses in Islamic history is that his achievement still touches the everyday life ot ordinary Muslims. Their faith requires them to conduct their worship and general aftairs in accordance with God’s will as framed by the Quran and the Prophevs teaching. But how, in practice, ate they to know how to do that? It is through pioneers in Islamic law like Abu Hanifah that Muslims feel able ro answer that question in a way that, because it carries authority, commands. voluntary. obedience. and general acceptance. The alternative to authority is mere assertion, which can command acceptance only so long as it is supported by force ot power. Aba Wanifah is tamously one of tbe prominent warriors tor the authority of the law set against the power of the state. He sutfered imprisonment and whipping for refusing to serve in the new ‘Abbasid administration, to lend his authority to che decisions of the caliph, Power got its hollow victory in rhat the caliph, unable to break Abū FTanifah's will, succeeded tn having him poisoned.
ln the event, jailing him only added to the popularity on account of which the recently established ‘Abbasid imperial dynasty consid- ered Abū Hanifah a threat. People demanded ta consult him even while he was in prison, and they were too many to be resisted. la later times, when the dynasty was secure and when learned Islamic scholars did accept positions within the state administration and so depended for their livelihoods upon the state, they still felt they had a duty to refuse 10 lend their authority to the will of the government if, by doing so, they would be contradicting or undermining the law. ‘his dedication to the Jaw, internuteentl: weakencd by necessary and
PREFACE ix
unnecessary compromises, is derived fram the pattern of conduct established by Abd Hanitah and other pioneers in the field. ln epoch after epoch in the history of Islam, we find thar ir is the learned scholars of the Jaw, even though few ot them individually were of the same mettle as Abu Tlanifah, who managed, collectively, to preserve the Islamic character of the society in spite of the state, in spite ot armed schisms and factions, betravals and rebellions from within, and Invasions trom abroad. Not untl the period of European colonization — which systematically weakened the network of relationships that the system of educauon in the Islamic world depended on, and as a result of which therc was a rapid decline m opportunities for adeguare training and subsequent employment — not unüal then, did scholars of the law lose their status and authotity in soctety.
Albout ihis bon&
As Muslim peoples begim to waken from this dark period of their history, and wonder how to express their religion in the modern world, it 1$ particularly important to reflect upon what the authority of the law means. In what does ir consist? Plow can it bc recognized? The sources rell us that, not long after his death, people in the Islamic world referred to Abu Hanifah as 'abeam «ba'zani, meaning ‘the greatest one worthy to be followed. In this essay | try to understand how and why he came to deserve that title. It is especially Important to do so at this time, for two reasons:
First, there are increasingly strident calls for reform of Islamic ways of life (coming trom non-Muslims, which is to be expected, and also fram Muslims themselves). Even if the call for reform is well-meant, often its rauonale neithee begins nor ends in the Qur’an and Sunnah. Rather, the proposed reform is often concerned to “face up to modern realities’ and to adopt norms and values that have appealed to peoples who have no grounding in Islam at all or have rejected it. Accordingly, Quran or Sunnah — cven though both are presented by
x. ABE HANIEAH
God as Elis special mercy for human beings — are considered as a nuisance, an obstacle, thar somehow rhe retorm muse talk its way around. Without saying it out loud, proposed reforms of this kind must strongly wish that Quran and Sunnah did not exist or did not have anv hold on the hearts and minds of Muslims. By contrast, Abd Hanifah and the other great imams of the law gor their intellectual energy and inventivencss trom, and used it within, the boundaries o£ Quran and Sunnah. l'heir consistent aim was to help Muslims tulfil their riphis and duties ro Grad and to each other, not to evade those rights and duties; For example, many of the tools of 'capualism' as i is new called, which supported the great expansion of trade and com- merce during the high period af Islamic history, were constructed by
jurists — llanafis prominent among them, notably in. some. works
, attribured to Muharnmad thn al Hasan al Shavbani in the form of consciendousl, designed contracts that enabled entrepreneurs to extend and exchange credit withia the bounds set by Gad, to strive for profit anc avoid usury and other financial and commoeretal crimes. How different the ‘capitalise’, and how different its outcomes, when the conscience informing it was neither inspired, aor restramed, br the moral and methodological boundaries of the Quran and Sunnah! (The material is echnical and demands a great deal of detailed discus- sion. not suited. to. an introductory. essay; however, the economic ethes of Hanafi gab is à subjeer that urgently needs ro be presented to the general reading public, Maslims especially.)
Second, rhe proliferanon o£seords and images through the modem means of communication has made it possible iv. circulate. ideas and opinions of all kinds in great volume at great speed. har combination results in strong, but often short-Jived, influence — that 15, it results in changing immediate. *moods! and. "rücudes', not the. structures. and habits that underhe: more stable and enduring behaviour. Insotar as Islamic law is connected ro. faith and religion, reflections upon it are properly suited to slow, textual scholarship, not to high-impact sound-
PRUBACL. Nl
bites and images that [V and Internet output demand. Also, Muslims should think carefully about the provenance af the ideas and opinions chat are offercd to them, nor always anonymously, yet almost always from very far away: we can know what someone says, but we cannot know dow Mey fre, Put bluntly, a non-Muslim, just as well as a Muslim, could read up the texts on a standard "es reading list, and if energetic and articulate enough, presene (on the basis of their reading) moral advice and legal opinions that appear to be as ‘Islamically argued’ as the established ways: they may well be so argued; equally, they may not. In this essay, | have emphasized fuse as traditional Islamic scholar- ship always. has) the information we hold about who Abū Hanifah studicd with and where, and what kind of man he was, how he lived his lite in relation with God and fellow human beings. Tn his own time, his peers and contemporaries were concerned, ane for the best of reasons, just as we now should be, ro find out about his background and his backers, to find out if his intellectual bnlhance, his breadth of learning, his intelligence and personal charms were complemented by his picty and righteousness. | have cricd here to present an account of his lite, his legal method and his legacy, in a way that D hope will add up to an image, a memory, a sense of what kind of Muslim one should look to gs a trustworthy source for understanding, adapting, amending the legal foundations of an Islamic way of lile.
In thc introductory first chapter, ] explain the context and back- ground of how the law was placed and expressed in the religion. In Chapter 2, 1 report. the anecdoral material recorded in the sources about the life and character of Abü Hamtah. 1 think it fair to say that much of thar material (except when it is obviously polemical is com- memorative, ETowever, 1t 15 not therefore unreliable or useless; on the contrary, it is highly relevant to understanding the qualities that are a necessary condition tor the authority to pronounce on the law, Chap- ter 3 describes the establishment of the Kufan school, the methodology and characteristics of Aba Hanitah’s #44. Chapter 4 gives an account
xü — ABU HANIFAEI
of some of his major works, and how his tradition was transmitted by his famous students. In Chapter 5, following a recapitulation of Abi Hanittah’s achievement, 1 give a bricf survey of how his legacy evolved through the development of the Hanafi school: this will be difficult for readers new to the subject, because it contains more information than discussion, but T hope it may be useful to those who want to know the principal figures and works of later Hanafi jurisprudence. I have added in a ‘Postscript’ some reflections on the relevance of Abu Hanifah to the present time. Finally, in Chapter 6, | offer a criueal account of some of the sources used in the preparation of this essay, followed by suggestions for further reading.
"Acknowledgement
My debts to earlier studies of Abū Hanifah, as well as being indicated in the text, are acknowledged ia the chapter on ‘Sources and Further reading’. I would like to thank colleagues, students and others who read through an ealier draft of this book or discussed its contents with me — [ have benefited greatly from their criticisms and sugyes- tions. Special thanks to my friend and colleague Jamil Qureshi, who also helped to improve the language and presentation. The faults and shortcomings that remain in the work are my responsibility alone.
Mohammad Akram Nadwi
Oxford. Apri, 2010
Introduction: background to the first development of the law
Dy the reign of Hartin al-Rashid (170-189), that is, within six gencra- tions of its beginning, the rule of Islam extended from the western coast of north Africa, through much of Central Asia, to the Indus, with established commercial relations going further, through the Russian landmass into Scandinavia, and by sea and land routes into China. This vast ‘Abbasid dominion (Islamic Spain was not part of it) was economically and culturally vigorous, joining within its jurisdiction the peaples of the cast and west, peoples of diverse cultural background and attainment, and of diverse ethnic, linguistic, religious and confes- sional identity. How coukl what had begun so locally in the Arabian peninsula emerge so soon and then endure so long as a distinctive civilization?
The question is at least partially answered in the fact that Haran al-Rashid felt the nced to create the legal-administrative post of Chief Judge to oversee the functioning of the laws throughout the whole realm. The post was made for Abu Yüsuf, one of the two most famous of Abu Hanitah’s many famous students. What identified the [slamic world as such, and gave coherence and staying-power to its social order, was its law, Abu Hanifah’s achievement can be expressed
2 ABUFEANIEAH
briefly as his success in drawing out, more systematically and consis- tently than anyone before him, what was universal in the injunctions of the Quran and Sunnah. He achieved this without alteration of the known particular laws or subversion of the fundamental principles and temperament of Islam. Rather, as some admirers said, Muslims should pray for Abū [lanifah precisely because the Sunnah, the way of the Prophet, was preserved through him.
The law as evolved in the generation of Aba Flanifah did not cntet into [slam from outside — as, in Jater times, Greek philosophy or various strands of Christian or Jewish or Indian mysticism entered it, then making themselves at home within the [slamie milicu, appre- priating the idiom and rites native to that milteu. ‘Vhe law prew, from tts anchorave in Quran and Sunnah as understood by particular individuals, into a universality sufficient to make the Islamic milicu capable, on the one hand, of receiving and accepting on its terms already formed traditions like that of Greek philosophy or, on the other hand, of rejecting them outright as it rejceted rhe prestigious, long- enduring traditions of Roman law.
It is right 10 menton Abū Hanifah as.one of the ploncers of the law but he did not, obviously, initiate rhe process of its foundation. Rather, he realized and. directed 115 potential, To understand what Abu Hanifah contributed to the law, we necd to understand how it was evolving up to his time. That is the aim of this chaprer. I set our brietly the unique Importance of its laws in the religion and social order of Islam, the emergence of scholars as a distinct class; how they accumulated and shared knowledpe; how legal and moral authority centred on particular individuals in particular places; how the law was applicel and administered, and relitions between the state and judges and jurists. Finally, I clarify the meaning of the paired rerms “Qur'an and Sunoah’, and the implications for expertise in the study of Aadiths and the derivation of laws.
INTRODUCTION. 3
THE IMPORTANCE OFTHE LAW IN ISLAM
In the Muslim perspective, the one certain source of human knowl- edge about che will of God is His revelation of the Quran. The Quran affirms that other revelation preceded it, and that no other revelation with the authority of taw will follow, From the first affirmation was derived the broadly inclusive, assemilative temperament of Islamic civilization in its great period — the behaviour of Muslims in general was not unbalanced by the superiority or infenonty of the other peoples and cultures they met. Those concerned with the evolution of the Jaw had to busy themselves with defining a legal space within Islamic. jurisdiction for non-Muslims living under Islamic rule (permanently, or remporarily as commercial or diplomatic travellers), and tor local rules and customs (particularly in relation to contracts), which might or might not be conformable with Islamic law. But we will not be dealing directly with this issue. Our main concern here relates to the second affirmation — that no reveladon with the authority ot law will follow the Quran. We do not need to dispute the truthfulness of reports of dreams and/or other experiences of communication from angels or prophets. We can allow that it may be so. Certainly, instances of such. communication — as distinct. from revelations to men designated as messengers and prophets to their people — are recorded in the Quran fa famous one is familiar in the Christian tradition as the Annunciation’, Nevertheless, it is an axiom Of Islamic faith that no communications of this sort, truc or otherwise, can have the authority of law, Given that, and given also that the Quin plainly does not legislate for every situation, foreseeable or unforeseeable, how is the law to grow ourside of the Quran, and in doing so, what authority docs it have?
One mighc suppose that the ending of divine revelation implied some new opening far human reason — that, at feast on matters on
4. ABL HAMNIEALG
which the Quran was sient, the people could freely exercise their minds, individually or collectively, ard Iegislate for chemselves an the basis of their own ‘best judgement and experience’ at the time, mphady lowing the same freedom to subsequent generations. But thar is not what the early Muslims did. Had thev embraced such Freedom it sould undoubtedly have led to eventual reinterpretation of even those Qur'anic verses whose legal meaning is clear, so a8 to alter that meaning and fit it to the "best judgement and ‘best moral taste" ot different times and. places; The ending of diving revelation meant, in principle and practice, that no one henceforth could claim divine authority for any amendment or adaptation of the law; they had to argue their case on the basis of a known (and limited) body of texts and practice. On this basis, reason was exercised in public, its authority or persuasiveness accrued in public and it could be pablich challenged. l'or the overwhelming majority of Muslims, thc seurce ot authority was not ‘occult’, it could not be inherited. from association with the Propher oz anvone elsc; ir was acquired and 1ransmirred only through the labour of learning and teaching, reflecting and reasoning,
That said, iis worth emphasizing that this ‘puble reason’ was fundamentally different from what the phrase means in the modern Western tradition, [n the latter, reason enjoys more or less complete autonomy, it is camstrained, if at all, by the ill or mood at thc time ot the. people. for the regulation of whose affairs the law is being reasoned As the will or mood of the people alters so do such fundamentals as who is legally a person and wha is not, what is a crime and what is not. [n the Islamic tradition on the other hand, while the process of reasoning is not different, reasoning js firmly rooted in the Quran and Sunnah, and cannot cut itself off from those roots — it can only branch off from chem.
Many Muslims ere very impressed by Abo Hanifah's reasoning, bur not all: indeed, even his own students disaerecd ith him. This can only have been sa if praise or blame, acceptance or rejecdon ot his
INTRODUCTION 3
atguments, occurred against the background of some shared sense of what was Islamic and what was not. lt is a matter of record that the tirst Muslims disagreed amongst themselves about a number of important matters - on the question of political leadership they disagreed to the extent of civil war, And yet, on the question of how the Jaw was co evolve while retaining its anchorage in the revelation, a stable consensus emerged very carly on. The reason for this (in coatrast co the quesdon of political leadership) is that the foundations tor such consensus had been laid during the period of revelation itself. The revelation contained teaching on this question sufficient to meet the needs of Islamic society as it expanded, which it did with spec- tacular speed. What was this teaching?
l'irsr of all, no Muslim was in anv doubt of the centrality of the law to Islam. "Phe migration: to Madinah was not just an escape from an aggressively hostile environment to a place of refuge where the Muslims would oot he persecuted, ‘That was the purpose of the earlier migration of some Muslims to Abyssinia. The migradon to Madinah (Hijrah) was the beginning of a movement to build a. social and political environment that expressed and enabled Islam as an ethos, a social order. The Islamic era is dated fram tbe Hijrah in recognition of this fact. The contrast with Christianity is instructive: it found irs civilizational space within the legal order and the Hellenic heritage of the Roman empire; it was obliged (providentially perhaps) to go through several centuries of compromise with that heritage, the two eventually achieving a reciprocal subversion or conversion. [slam defined its own civilizational space, before it drove into. the. wider space defined by Romans or Persians. In practical terms, this meant that religious and moral values had to find expression in. concrete terms as norms of behaviour and as laws: for example, the \alue of sobriety is partly expressed in the prohibition of intoxicants; the value of chastity is partly expressed in dress codes; the value of charity ts partly expressed in the alms-tax or ge&ab; the values ot fairness and
f ABT HANITAFL
justice in economic dealings are partly expressed in the efforts to encourage circulation (not concentration) of wealrh by forbidding usury, Monopoly, hoarding, sheer speculation, etc. How were people to know the right way to give practical expression to such values?
The Qur'an states (ala dab, 5: 101) that the questions about what God wants of people will be answered while the Prophet is amongst them, that is, while the revelation is on-going. It also states that a certain kiad of questioning is reprehensithle. Questioning 1s reprehensible if its intent (conscious or not) is to cvade the responsibility to find out how to live in the way that God wills. Such questioning mav seck sophistication of religious dogma, subtle (and usually difficult) wavs to fine-tune the phrases that express what it is that onc. believes. Or it may scck claboration o£ the detail ot ritual oblirauons, making them more burdensome and also obscuring their purpose. An example of the latter is narrated at length in the second sirah of the (Quran, the narrative concluding (2: 71) with the obser- vation that the people, under the guise ot trying to do it perfectly, had all but not donc the thing they were commanded to do (wa ma kadi yaf ahin).
During the period of revelation, people could put their questions to the Prophet himself. Sometimes, their questions were addressed directly in the Qurân, more often the particular situation they were living through, their attitudes and actions, were commented upon. More ottea still, the questions put to the Prophet were answered by him, The Quran named him as the man of noble character (a+ Galan, 68: 4), whom the Muslims should seek to emulate, and as the judge fal-Nisa?, 4: 65) to whom they should submit disputes for arbitration; then, when their hearts fully accepted his arbitration with no reserve of doubt or resentment, it was a sign that that their faith in God was secure, Many of the close disciples (Companions) of the Prophet achieved this degree of secure faith, the acceptance thar his way embodied the Quran in the practical form most suited to tt.
INTRODUCTION. 7
The Quran was ven m the Prophet by his earme it, with it came the explicit command not to hasten his tongue in rhe utterance p i, nor to be anxious about remembering it God promises to prepare his heart for it, to preserve it fully, and to guarantee its exposition Ga-Ciryamab, 73. 16-19). Hearing (unlike sight) involves a direct presence ot the message in the listeners body, which prompts, In the first instance, an adjustment to that sound. After sufficient recurrence, combined with receptivity on the part of the hearer Qvilingness or need to pay attention}, that adjustment grows into ‘attunement. The process may be understood by analogy with how children acquire language. After sufficient exposure to speech, a childs ear can process, and its vocal apparatus reproduce, sounds, tones and Meanings of astounding complexity. Mosc children can, after three years or so, hear and use their mother tongue correctly. hey can also distinguish tailures in its rules, thar is, they can distingutsh right from wrong usage. It is this degree of attunement thar Muslims mean when they affirm thar the dicta and deeds of the Prophet constitute the authoritative exposition ot the Qur'an — 1n the brilliant aphorism fattributed 10 his wife “Pishah), ‘his character was the Quran’.
Those who were close to the Prophet tor all or most of the period of revelation became ‘attuned’ to the Quran through their attentiveness to the Sunnah, their striving ta follow the Prophet in his precepts and practice. Sometimes. they. asked. him. questions about what they should do, and haw ther should do it. Someumes the Prophet on his own miuative expressed approval or disapproval of what he saw people doing, Many rulings were given in public, typically from the Prophee’s pulpit in Madinah. But people also came to consult the Prophet in private, in small groups or individually, Those who heard from the Prophet would take nore of what he said, either In Memory or, in some Cases, IN writing te aid memory, Accordingly, when the corpus of the teachings ot the Prophet came to be formally compiled, tt emerged that some of his savings (Aadifis) were transmit-
X ABE HANTEAH
ted in near-identical wording by many from many, others were transmitted in variant wordings trom different groups of Companions, and still others were reported on the authority o£ a single Companion. Language users know, and know how to apply, the rules ot their language; however, without specialized training thev cannot transmit to others those rules as such, only che usages governed by those rules. The Prophet was favoured with knowledge and the power to convey that knowledge, the teachings of Islam, to people for whorn Islam "as not, as it were, their first language. He recognized in a small number of his Companions that they had imbibed trom him, as well as knowl- edge of particular injunctions, a strony, inward sense of the general principles and temperament of lslam. He felt able to entrust them to act as judges and give Islamic rulings for the people on his behalf. The famous names among this group of Compantons ate: Aba Bakr al-Siddiq, ‘Umar ibn al-Khattab, Uthman ibn *Affan, *Ali ibn Abi Talib, “Abdullah ibn Mas‘td, Mu‘adh ibn Jabal, Ubayy ibn Kab, Abū l-Dardã’, Zayd ibn Thalit, Aba Masa al-Ash‘art, “Abd al-Rahman ibn ‘Awf, Hudhayfah ibn al-Yaman, ‘Ammar ibn Yasir, Abū ‘Ubaydah ibn al-Jarrah, and “A'ishah, the wife of the Prophet. Their legal dicta are quoted and preserved in compilations ot Jadith, in particular, the judgements of the first four in chat isc (the first caliphs) were accorded pracucally the same status as the Sunnah of the Prophet himself. The qualities that the Prophet found and approved in these Muslims were qualities that later generations looked for in those whom they would call ‘imams’, men worthy to be followed. Those qualities, built upon ‘attunement to the general pnnciples and temperament ot Islam, were consistenr. dedication in. their personal bearing and conduct to well- being in their relations with. God (piety) and people (righteousness). Furthermore, they combined piety and righteousness with the neces- sary intcllectual competence to distinguish and pursue Islamic values within the realtics of this world without becoming so distracted or distressed by its demands as to betray those values, The Prophet was
UNTROD(CCTION — 9
confident in the ability of his close Companions to exercise conscience and reason on behalf of the law, and not for personal advantage or tor the advantage of any group or interest with which they were associated. He promised them a reward hereafter for the effort to apply and extend the law in the situations they faced, and a double reward if their judgements proved right,
The significance of piety and righteousness among the qualitica- tions for reasoning with che law should not be underesumated. 1n later centuries, when the compendia of biographical sketches of the Companions and their successors were compiled, their personal repu- tations remained the most prominent element. They are praised for the quality of their évam, that is, the quality of thetr self-transcendence expressed as surtender to the will of God, their obedience and love of Him and of His Messenger, In modern idiom, this quality translates as the capacity to balance short-term interests with long-term ones: they had to balance the need to resolve the immediate problems and disputes before them against the need to preserve the ethos of Islamic society for future generations. The fsa of che Companions and their students, and those who followed them in their service of the law is the strong weight in Islamic history, counterbalancing the centrifugal tendencies (focused in the leaders of political or doctrinal or religious factions} which, in. various degrees, tried to ‘re-invent’ Islam to suit the advantage for simply the tastes or local habits) of their clan or tribe or sect. So long as service of the law remained disinterested (i.c, was bound by duty to Islam and its primary sources) it was patient, even relatively comfortable, with diversity in interpretation and prac- tice. ‘That is why, even long after the different schools had been well- consolidaced, and there was a ult towards preserving and promoting the distinguished figures and books of a particular school or sect, Islamic law retained a good deal of tts symbolic and practical power to hald the Muslims together in a shared cultural space.
ly ABE HANTILAH
APTER THE DEATH OF THE PROPHET
After the death of the Prophet, the territories to which the law had to be extended expanded rapidly. During the rule of Umar, Greater Syria, Irag, the major provinces of the Persian empire, and Egypt came under Islamic rule. Large numbers (especially among the Arabic- speaking people of Iraq and Syria) embraced the faith and new cities were founded. Many of the Companions left Madinah and settled in other cities to teach, and to give rulings and judgements to order the people’s affairs. The number of Companions referred to for the purpose of interpreting and applying the law reached 120 according to Lbn Hazm (d. 456). “Umar took particular care to appoint in every major city Icarned Companions who were competent to teach the Quran and the Sunnah, and to uphold the law. The most eminent among those appointed by him were Abu |-Darda’ in Syria, and ‘Abdullah ibn Mas*üd in Kufah. The Muslims of the different regions followed the Companion teachers of thelir cities in recitation of the Quran, and the rites of worship, and also in the moral and legal ordering ot their everyday transactions, Given the speed and the seale of expansion, it was inevitable that the Companions faced situations that elicited. ditferent responses from them. ‘This was in part because they were acting in ditferent localities, in part because their individual efforts of conscience and reason were, though equally dedicated, differently attuned co Quran and Sunnah. Later generauons explained the differences as resuluing from the Companions’ tollowing difterent methods of interpreting the law.
Just as people had gathered around the Prophet to learn from him, so too people gathered around the Companions, and stayed with them — some tor decades — as their students, This generation, known in the tradition as the fbx (the followers or Successors) learned from the Companions their stock of Jadis, and their methods of
PREFACE ix
unnecessary compromises, is derived fram the pattern of conduct established by Abd Hanitah and other pioneers in the field. ln epoch after epoch in the history of Islam, we find thar ir is the learned scholars of the Jaw, even though few ot them individually were of the same mettle as Abu Tlanifah, who managed, collectively, to preserve the Islamic character of the society in spite of the state, in spite ot armed schisms and factions, betravals and rebellions from within, and Invasions trom abroad. Not untl the period of European colonization — which systematically weakened the network of relationships that the system of educauon in the Islamic world depended on, and as a result of which therc was a rapid decline m opportunities for adeguare training and subsequent employment — not unüal then, did scholars of the law lose their status and authotity in soctety.
Albout ihis bon&
As Muslim peoples begim to waken from this dark period of their history, and wonder how to express their religion in the modern world, it 1$ particularly important to reflect upon what the authority of the law means. In what does ir consist? Plow can it bc recognized? The sources rell us that, not long after his death, people in the Islamic world referred to Abu Hanifah as 'abeam «ba'zani, meaning ‘the greatest one worthy to be followed. In this essay | try to understand how and why he came to deserve that title. It is especially Important to do so at this time, for two reasons:
First, there are increasingly strident calls for reform of Islamic ways of life (coming trom non-Muslims, which is to be expected, and also fram Muslims themselves). Even if the call for reform is well-meant, often its rauonale neithee begins nor ends in the Qur’an and Sunnah. Rather, the proposed reform is often concerned to “face up to modern realities’ and to adopt norms and values that have appealed to peoples who have no grounding in Islam at all or have rejected it. Accordingly, Quran or Sunnah — cven though both are presented by
(2. ABU HANIFAIE
THE EMERGENCE OF ISLAMIC SCHOLARS
As the generation of Companions died out around the middle and later pact of the first century Au, their students, and then theirs in turn, cmerged as a distinct class within the community devoted to the preservation, transmission and understanding of the knowledge of the Companions. In Makkah, Madinah, Kufah, Basrah, Damascus, Iigypt, Yemen and other centres of Islamic learning, the scholars (Wawa) gathered, discussed and disseminated the materials used by themselves and subsequent generations of scholars to establish the developing corpus of Islamic law. In spite of civil wars and the emergence of schisms of both a religious and political nature, no one disputed the text of the Quran or its authority. But, as explained above, for the practical cffectiveness of the Quran, preservation and transmission of che Sunnah was indispensable. ‘he scholars who devoted their lives to that task became a focus of moral authority, distinct from, though not necessarily in opposition to, the power of the state, and its appointed governors and officers.
Travelling in search of knowledge is strongly urged in a number of the Prophet’s sayings. Some of the Companions undertook long journeys either to learn a adith, or to refresh their memories of it. Abi Ayyab, for instance, travelled from Madinah to Keypt just to refresh his memory of the wording of a bah that he — in thc company of ‘Ugqbah ibn ‘Amir — had learnt from the Prophet himself. Jabir ibn “Abdillah travelled for a whole month to hear confirmation from *Abdullah ibn Unays of a adith that he (Jabir) had already learnt through another person. Similarly, another Companion went from Madinah to Damascus just to hear from the lips of Abo |-Dard? himself a padit) that he had already received indirectly through an associate of Aba | Dard. The pilgrimage to Makkah is a religious obligation for all Muslims: the stops on the journey to Makkah, as
UNTRODACGTION. 23
weil as the pilgrimage itself, provided many opportunities for scholars to visit and meet one another and exchange knowledge.
The example of the Companions deeply impressed the Succes sors, Who came to study with them. They too travelled extensively throughout the expanding Islamic world to gather knowledge ot as many Aaditis as possible and returned home like bees laden with honey to impart their precious store to crowds of other caper students, Makhal (d. 112) travelled through Egypt, Syria, lraq and the Hijaz, and gathered all the adits that he could from the Companions who still lived in those places. Al-Sha‘bt (d. 104) said, when asked how he had acquired knowledge at so many fads: “By hard, long travels, and great patience’. He used to say that if for the sake of only one word of wisdom anyone travelled from onc end of Syria to che corner of Yemen, he should consider his journey to have been worthwhile. Such journeys became increasingly popular.
These travelling scholars were mostly poor. A few of them were independently wealthy — among these few were Abd Hanifah, Layth ibn Safd, and *Abdullàh iba al-Mubàrak. The overwhelming majority depended. on their families to support them by sending monex. If they had difficulties in receiving money they would borrow, through their teachers, from some rich people and repay the loans when they could. They also supported themselves, as far as they could, by doing part time work, most typically copying. Many copyists' shops were owned and run bv scholars. As the demand for books grew with the increas- ing prosperity in the cities of the Islamic world, so too did che number and size ot the copying ‘factories’. Some of them employed as many as two hundred copyists. A copvist in the sccond century after Hijrah earned one-tenth of a dirham for copying a single page; by the follow- ing century, the rate had increased to one-fifth of a dirham. It was first of all the demand for copies of the Quran (and, later, of rhe Zadz//s of the Prophet) that led to the crafts of writing and binding books becoming well established in all the major cities of the Islamic world,
14) ABC HANIVAL
Both expensive and cheap materials for writing were readily available in the market. Parchment and papyrus, used in the carliest period, were gradually replaced by paper. Paper was initially imported, and chen manufactured locally: production in Baghdad is recorded from the second century AH. From this time on, paper was available as a relatively cheap writing material, a factor favouring the emergence of the wanagar as a professional group.
Ja the carher period, however, circumstances were not easy for students of che Quran and Sunnah. There are anecdotes of ditficule sacrifices and hard times endured: some had to sell off parts of their homes or lands and other possessions in order to sustain themselves in their quest for knowledge. Many endured privations in food and clothing. However, there was such respect in the society for this knowledge that many were willing to support the students in their efforts to acquire i Abd Hanitah financed many of his own students, (Jadi Abu Yusuf and his family for example, as well as other scholars of his time. So too did Lavth ibn Sa*d and “Abdullah ibn al-Mubarak.
The masjid (mosque} was, and indeed remains, cencral in the life of the Muslim community, and so it was in the masjids that most teachers held their classes, although a few did also teach in. their hemes. In the bigger ciry maspds many classes were held, with che teachers seated ac different pillars of the building, It is a common expression in histories and biographical dictionaries that so-and-so sat at one of the pillars of such a masjid to teach, Students’ moving tram one pillar to another meant their moving from one class to another. Occasionally parks, or the open spaces outside governors palaces, were used for the verv large number of students (some reports say thousands) who yarhered to hear the most famous and highly regarded teachers.
[Ma TRAH TTT 15
THE ROLL OF SCHOLARS AS JUDGUS AND JURISCONSULTS
Bor answers to questions about what was right and lawful in Islam, the people referred to the known scholars of their time and locality, while in their disputes they would reter to the local pudges (aacis}. “The doman of responsa or tatwas was known as 4, and trhat of litigation as gada’ These two domains overlapped smoothly toc the most part. Gada was the mare regulated ot the (vo, because the. governors would not appoint (and pay) someone as a judge unless his reputation for knowledge of the law and his piety were sufficient to make his decisions acceptable. The judges dispensed justice in public courts, and their verdicts were eafarced bv rhe police (anat. Such verdices were considered as binding. Een in those cases where there might be difference ot opinion, once the judge bad, far his reasons, piven his verdict. all scholars agreed that i must be accepted. Governors faced many difticultics in vetting the best-known and most pious scholars tu serve as judges. Aba IH Ianitah refused such a post more than once; his refusals caused him many problems, and eventually his life.
For complicated issues, the judges would consult other well- known scholars, or call a meeting of jurists in the court or ai their houses, and there debate the problem. In rhe early period almosr all judwes were established) teachers with a large number of students calling on them. This teaching acuvity enabled their verdicts to pass quickly, wa the students who recorded them, to other scholars ane judges. [n this way, there was both much lively discussion and prompt rectification of mistaken judgements,
Legal procedure tor adversaria] cases, rules of evidence, binding verdicts, and state enforcement, fell within the domain of gada’ By contrast, the discussion and judgements of points of law within the domain of ZA£7 were and remained always non binding. The muttis (urisconsults) generally held themselves aloof from the stare, bur not
lé ABU FLANIFAH
absolutely or universally. Some were persuaded to serve in the judicial administration, and the activity of giving fatwas acquired a public and official character. In Umayyad times (41-133} some muftis served as consultants to gadis and also issued fatwas at the request of provincial govetnors and sometimes at the request of the office of the caliphate in Damascus. SaSd ibn al-Musayyab, the great imam of Madinah, and later Ibn Shihab al-Zuhri, received many such requests. These great scholars, in several instances, criticized the political establishment quite forcefully, and did so without fear, despite being threatened with death. It is not surprising, in view of the increasing importance of ig’ as a soutce of religious legitimacy, that state governments sought to establish a measure of control over it. They mostly failed becausc those scholars who were qualified to give fatwas, understood very well the gravity of doing so, and feared having to answer for their judgements in the hereafter. Imam Malik, for example, famously said: ‘I did not sit for giving fatwàs until seventy people from among my teachers swore to me that I was qualified’ (al-Nawawi, Adab al-mafli, 32).
It is therefore broadly correct to say that the role of the mufti was independent of the state, and barely institutionalized at all. The scholars who served the people in this way in the early centuries of Islam operated privately and without ties to the political authorities. ven in later centuries, when senior scholars in some cities did accept salaried appointment to do this work, they did so because it was, at the time, in the greater intcrest of the society that they served the state than that they did not. The significance of their work whether private or public rested on the high degree of moral authority carried by their opinions. It is important to note that fatwas, typically concerned with the more practical aspects of the law, were diverse in format and content, and reflected the individual style of the mufti and his level of juristic knowledge and proficiency. More particularly, in the later period, it is fairly common to find fatwas referred to earlier farwas as their legal authority, rather than to the primary sources with
CN TRODLCTION 67
fresh argument from the latter. ‘This is, as we shall see, a practice that Abu Hanifah anticipated and disapproved: he did not permit students to citc him as their authority unless they knew his argument, which entailed their knowing his sources and understanding his reasoning with them.
As the corpus of substantive law and jurisprudence grew, accru- ing multiple levels of commentary and. authoritative summaries, the accumulation of fanwas issued in diverse social and historical contexts, served, no less than the verdicts of gadis, to stimulate the evolution and adaptation of the law to meee the need of Muslim communities in different locales and epochs. Distinet schools of law gradually became settled, drawing on the habirs of reasoning of their founders, but wath set texts and curricula and a quality of formalism that the founders can scarcely have imagined, sill less sanctioned. For various historical rcasuns that cannot be entered into here, some schools, despite being widespread and popular at one time, ceased to be followed. Among the orthodox Sunni community (roughly ninety percent of all Afuslims}, four schools have survived to the present dav, of which the most popular is named atter Abū Elantfah,
‘OURAN AND SUNNALP: A CLARIFICATION
Betote 1 go on to give an account of Aba Elanifah’s fife and his contribution to. the evolution. o£ Islamic. law, a clarification of. the phrase “Quran and Sunnah’ is necessary. The joining of the terms with a simple “and? is jusuticed by the common Quranic expression rod and His Messenger’, usually found after the imperatives ‘obey’ at ‘love’, However, the pairing of the pve does not signify any kind or degree of parity benveen them. For Muslims, the Qur’an is without doubt the Book of God, and the Sunnah is without doubt chat Book ‘opened our into this world, ideally practised and embodied, That said, the two have never been confounded in che Islamic traclicion. For Sluslims, only the Qur'an holds the degree of awe and majesty
PRUBACL. Nl
bites and images that [V and Internet output demand. Also, Muslims should think carefully about the provenance af the ideas and opinions chat are offercd to them, nor always anonymously, yet almost always from very far away: we can know what someone says, but we cannot know dow Mey fre, Put bluntly, a non-Muslim, just as well as a Muslim, could read up the texts on a standard "es reading list, and if energetic and articulate enough, presene (on the basis of their reading) moral advice and legal opinions that appear to be as ‘Islamically argued’ as the established ways: they may well be so argued; equally, they may not. In this essay, | have emphasized fuse as traditional Islamic scholar- ship always. has) the information we hold about who Abū Hanifah studicd with and where, and what kind of man he was, how he lived his lite in relation with God and fellow human beings. Tn his own time, his peers and contemporaries were concerned, ane for the best of reasons, just as we now should be, ro find out about his background and his backers, to find out if his intellectual bnlhance, his breadth of learning, his intelligence and personal charms were complemented by his picty and righteousness. | have cricd here to present an account of his lite, his legal method and his legacy, in a way that D hope will add up to an image, a memory, a sense of what kind of Muslim one should look to gs a trustworthy source for understanding, adapting, amending the legal foundations of an Islamic way of lile.
In thc introductory first chapter, ] explain the context and back- ground of how the law was placed and expressed in the religion. In Chapter 2, 1 report. the anecdoral material recorded in the sources about the life and character of Abü Hamtah. 1 think it fair to say that much of thar material (except when it is obviously polemical is com- memorative, ETowever, 1t 15 not therefore unreliable or useless; on the contrary, it is highly relevant to understanding the qualities that are a necessary condition tor the authority to pronounce on the law, Chap- ter 3 describes the establishment of the Kufan school, the methodology and characteristics of Aba Hanitah’s #44. Chapter 4 gives an account
INTRODE CHOON 19
Hanifah, if uncertain of the authenticity or legal import ot a parücular badith, would (as did many of his peers ac the time) resort to what was in his judgement the argument closest to the general principles, spirit and temperament of ‘the Quran and Sunnah’. The less clear-headed among his contemporaries misunderstood his resort to argument as a preference for reasoning over Dadttbs, and some later polemicists re- ferred to him negatively as one of api aray Cthe people of opinion?) in contrast to abl al hadith Crhe people of Aadith’).
lt was about the time of the death of Aba Hanifah that tednih criticism began co emerge as a distinct specialization, and some seventy years after his death that. adit experts were able to compile and circulate definitive collections of r£ badiths, with « textual history of each Jadib and a record of the variora associated with it. The achieve- ment of these experts in sifting and cross referencing hundreds of thousands of reports and the biographies of their reporters, then dis tinguishing, organizing, and, with scrupulous accuracy, recording all the sab texts they could find, is stunning, even by the most rigorous standards ot modern scholarship. One. result of this. professional presentation of Jd? texts was that people could henceforth speak of ‘books’ of the Sunnah. Another was chat, since che Pubs in the books were reliable, and the word of the Prophet was law, in theory anvone could adduce a J«dif to support a legal ruling, or a faowa. In practice the issue was complicated by the iacet that some Jadis had no legal import, and of those that did some were inconsistent with others. Sub-disciplines within Aad) studies arose to re-establish the link benween figh, the understanding of the Sunnah as law, and the texts which reported the Sunnah. The éedfés valued for moral instruction were distinguished: from those ot legal import; among the latter, the local and specitic had to be distinguished trom the veneral and uni- versal, to arrive at a judgement several texts had to be considered together; those thar differed had to he reconciled; where reconciliation proved impossible, the scholar bhad to make a judgement on balance,
2) AWC! HANIFAH
to prefer one hadith to another. The only reliable route to such ‘pudge- ment on balance’ was, again, to find the argument closest to the general principles, spirit and temperament of ‘the Quran and Sunnah’.
Over the centuries, expertise in Aadith and figh have tended to deft apart, perhaps never more so than in the present ume. Also, piety and righteousness, the essential qualifications of an Islamic scholar, have receded from the public domain or lost their authority in it. Insofar as this essay may be said to have a message for the present it is this: for the law to be effective in Muslim societies, its guardians and prac- titioners need to recover both the intellectual ability, and the moral authority, to understand the Qur’4n and Sunnah as a whole, and not just in their parts. The merit of professionalism in any sphere of life is that it makes particular tasks more efficient, often raising the standard of performance. The danger of it ts that the professionals are often constrained by their position in the team and by the standards and rules of procedure set down for them, and so unwilling or unable to go back to first principles and test, against those principles, their work and that of the team as a whole. The gain in efficiency is at the price of a loss in moral agency — the choosing what to do and how to do it, and taking responsibility, not just for the execution of particular allotted tasks, but for the whole outcome of which those tasks ate a part. Abū Elanifah was not a Hanafi, sull less a professional Hanafi jurist, in this narrow sense: he lived too early in che history of Islamic law for that. Rather, he combined great intellectual gifts and piety with almost unfailing ability co remain attuned to Quran and Sunnah, to keep them in mind in every question of detail that was put before him. With the faculties and opportunities that God gave him, he took full responsibility for his thoughts, ideas and actions on behalf of Quran and Sunnah: his contemporaries and peers (some crude polemicists aside), and generations of Muslims ever since, have revered him for preserving the way of the Prophet and preventing the erosion of its role as the controlling ethos of Islamic society.
NAMI AND ANCESTRY
The &wryab by which. Abà Hanifah is known i$ a mystery, We do not have information abour any descendant of his named “Hanifah”, It ts possible thar a daughter named Hanitah died so early in infancy that people did not menuon her. lt is also possible that someone made up the &nyab on an occasion when 1t seemed appropriate and thereafter it just stuck and became accepted usage.
Abt Hanitah’s proper name — al-Nu‘man thn Thabit iba Zara ibn Mah al ‘Vaymi - makes it clear thar his ancestors were non Aral. His grandson, Tomar thn Hammad, states that he (Aba Hanifah) was a son of Thabiu, the son of Zura ibn Mäh trom Kabul, who was owned by Banda Taymullah ibn Tha‘labah (a clan of Rabittah, a branch of the major tribe Bakr ibn Wal}. Vhen this Zora ibn Mah embraced Islam and was freed; Thabit was born a. Muslim. 1sma^l, another grandson of Abu Hanifah, suid: ‘I am Isma‘it ibn Hammad thn Nu‘man thn ‘Thabit ibn Nu'màn ibn Marzuban. We come from Persia and have never been ta any slavery’ (Baphdadi, fa?v&s, xt. 326}. Because Ismail held che post of judge in Basrah and was a highly reliable, respected figure, later scholars have generally preferred his version, However, we should be
EROOABU PENI AL:
aware that *Umar ibn ETammad's version of his ancestry is by no means improbable. In. the early period of Islam several of the most revered authorities in adib and fub were Former slaves or their descendants tor example “Ikamah id, 104), ‘Vawus al-Yamāni sd. 106), Hasan al-Basri (d. 110), Muhammad ibn Sirin (d. 110), Makhbül (d. az 170), An? iba Abi Rabáh (d. 1145, and Naft (d. 117).
Israil gives the name of Aba Hanitah’s prandfather as Nu‘man, and of his preat-prandfarher as Marzuban, instead otf the much com- moner Zütà and Mah. Probably “Aaa? became "INufmàan! when he became a Muslim. “Mah” and *"Marzubàán! are. honotifics. rather. than personal names. Züta's father was called "Marzubán', meaning “noble of the town; "Mah! means 'yreac, This indicates that his family enjoyed respect and prestige in their cty of ongin. What that city was we cannot know with contidence: different sources supgest ditterent places. It ts reasonably certain that the family was of Persian origin. Persia (Iran), since the time of *Umar, had been under Islamic rule, and Islam spread there as in other parts of the newly conquered. territories; After. Züta embraced Islam he migrated to and settled in Kufah, which the then caliph, SAN, had made his capital.
According to Arab custom, the strangers needed to establish an alliance with one of the local ceibes. lor that reason, we assume thar fata may have allied himselt with the Bant Tavmullah, a strong clan settled in Kufah. This kind of alliance in Arabic is referred to as. svÀ77, from which is derived the word wanda, which can mean ‘slave’ as well as ‘Freedman’ or tally’. The word wania may have given rse to the notion that Zota had been a slave, which Isma‘if, Abu Hanitah’s vrand- son, found it necessary to clarity by rejecting chat his tamily had ever been enslaved.
lhabit, AbG flanifah's father, was born 10. Kutah. Züta brought him te Al, who prayed tor him and his descendants (Dhahbabi, Siar vi, 393). Nothing is known of Thabit, except that he was à prosperous silk merchant, the owner of a successtul shop in Kufah.
MIS TIFE 23
Abū Hanifah was born in 80 Alt during the reign of the Umayyad caliph ‘Abd al-Malik ibn Marwan (r. 65-86). At that time a small number of the Companions of the Prophet were still living. Among these were ‘Abdullah ibn Abi Awfa (d. 87), who was in Kufah; Sahl ibn Sa'd (d. 88); al-S@ib thn Yazid (d. 91); Anas ibn Malik (d. 95), the famous narrator of hadith who later settled in Basrah; Mahmud ibn al- Rabt (d. 99}; Abū l-Tufayl ‘Amir ibn Wâāthilah (d. 102 in Makkah) was the last Companion to die, Abu Hanifah did not study with or narrate hadiths from any of the Companions. Major experts of adith and historians agree, however, that he had sen some of them. This means that, at least technically, he was a b7 or Successor, an honour not shared by other great pioneers of figh among his contemporaries, such as al-Awza‘l (cl. 157}, Sufyan al-Thawri (d. 161), Layth ibn Sa‘d (d. 175), and Malik ibn Anas (d. 179). .
Hadith scholars do not confirm the claims, found in a number of Abt Hanifah's biographets, that he reported from the Companion, Anas ibn Malik, The Padi critic and expett, al-Daraqutni (d. 385) said: ‘Abū Hanifah saw Anas with his eye, but he did not hear [5edz5] from him’ (as cited in Suyiiti, Tadd, 4). The great majority of experts in the field confitm that Abu Hanifah saw Anas but did not study with him or hear padiths from him,
FARLY EDUCATION
Aba Hanifah grew up in Kufah. He learnt the Quran by heart in childhood, following the recitation of ‘Asim, the narrator of the most popular among the seven accepted ways of reciting the Quran. His love for the Book was vigorous throughout his life — he never left off reciting it in his nightly devotions, studying it and constantly reflecting upon it to deepen his understanding.
It appears that, for a time, he broke off his studies of the Padi? and jab in order to help his father in his business. Then an incident happened that changed the direction of his life. He recounts it himself:
24. ABÚ HANIFAH
One dav, I passed by [‘Amir} al-ShaSbi who was seated. fle called me and asked: Where do you gor’, I named a merchant whom I was going to see. ‘Edid noc mean [vour going to] the market,’ al-Sha‘bi said. ‘Rather, | meant calling upon scholars.” | said: 'I hardly ever call upon them." lhen al-Sha*bi said: "You ought to study knowledge fic. of the religion[ and sit in the company of learned men. I discern signs of intelligence and energy in you.
His advice struck my heart, and | left off tuming to the market, and turned to larning. Thus God, Exalted is He, lbenetited me by bis advice. (Makki, A fang, 1. 594
A] Sha'bi was an eminent Successor and is counted as the most senior of Abu Fanifah's teachers. Following this meeting with him, Abū Hanifah launched himself with earnest into scholarly preparation, Some sources suggest that he was drawn first of all to what later came to he known as alay (dogmaties or theology), and took an active part in the controversies among representatives of different sects such as the Kharyis and the Mu‘tazilis, Por reasons to do with his business, he had frequently to visit Basrah, then the main forum for all the contending schools, more particularly the Kharijis. Aba Elanifah fought many battles of wit with members of different groups of Kharijis, refuting the heresies alleged of them. Ile acquired a general reputation for sharpness and brilliance in such debates.
However, as his understanding matured, Aba Hanifah prow out of this intercst in Adéa. it is narrated by himself, in a report from his student, Zutar:
] studied em until I reached a stage when fingers were pointed ro me |ie. l became well known|. We used to sit glose to a study circle of Uummiad ibn Abi Sulayman. About this time a woman came to me one day and asked: How can a man divorce his wife in accordance with the Sunnah? | advised her to ask Hammad and then ro come baek anel tell me the answer. She asked |lammad, whe told her: tne man should diverce his wife once when she is clean [Le. not in the state of menstruation], then he should leave her be unul her Sada [waiting period] has passed. When she has bathed and ts clean she will be able ro re-marry. The woman returned and tokl me what answer Hamniid had. given her. I. said:
HIS IRE, 233
there is no need For me io &/as. ] took up my shoes and joined Elammád's class. (Baghditdi, faved, xii, 333)
Abu Hanifah thus turned from specializing in Adi to specializing in fgh. [Ie appears to have realized, abruptly, that tt would be better for him to acquire the knowledge that could benefit his fellow-Muslims in à practical wav.
TRAINING IN FIZI
When Aba Hanitah decided to learn. 95, he chose Hammád ibn. Abi Sulaymān al-Kütt (d. 120) as his teacher. Harnmad was a famous imam and the acknowledged master of //gh in. &utah. He had heard. Padas from Anas 1bn Malik, Hasan al-Basrit, Said ibn Jubayr, Abà Wil, Saad iba al Musayyab, ‘Amir al ShaS and ‘Abdullah ibn Buravdah. le studied fig with Ibrahim al-Nakhad, accompanied him as his most prominent student, and. succeeded. as the head. of his school after his death, This school, the most popular in Kufah, counted among its students men of the eminence of Mis‘ar ibn Kid&im, Sutyan al-Thawri, ShuSbah ibn Hajjaj, Harmmad ibn Saamah, ‘Asi al-Ahwal, al-Mughirah iba Migsam and Abt Ishag al-Shaybant. As well as being blessed in che quality ot his teachers and students, Hammad was wealthy so that he was able ro devote his time fully to his teaching.
Abu Hanifah remained close ta Hammad for 18 years until the laiter's death in 120 AH. From this we calculate thai when Abu | anitah joined Hammad’s school he was nventy-tweo years old. ‘Though he
Al-Dhahabi (5áur, và. 398) rejects the notion thar Abu Llanifah started his studies with Adige. tle says: We do not know that &alaz existed at that ame. Now he max be right to deny the existence ite thac ume of edd as a Formal science, but theological argamenrs and the existence of Khàániis, Shr'is and other sectis ai ihe end ot che first century cannot be denied, Abū Hanifah’s participation in debates with chese seces and woups may have been exaggerated by some commentators tw the exrent thar larer historiis ineetprered it as his specializing io daiam before turning tor fee.
26 — ABD HANIEA)H
attended the teaching sessions of other jurists (mentioned below), there is no doubt that. Abü Hanifah received his rraining mainly from Hammad.
As figh and hadith, especially in that period, were much more inter related than later, Hammad and other jurists while teaching fgh, would as a matter of course narrate faditts of the Prophet and the practices
iar contains a great number of the reports that he received trom Hammad and others. That said, there were some teachers in Kufah and elsewhere at that ume who devoted themselves almost exclusively to the narration of Aadi/os. One can therefore say with considerable confi- dence that Aba Hanitah, in the course of his training, was learning hadith and attending the classes of the tamous teachers of padith. Kufah was, along with Basrah and Madinah, a major focus for the evolving disciplines of the Islamic sciences. ‘The Caliph ‘Ali had made the city his capital. It is reported that over one thousand Companions — includ: ing twenty-four who had participated in the battle ot Badr by the side of the Prophet — came to Kufah, and most of them then settled there permanently (bn Sa*d, fabagar, vi. 9). Their presence engendered much popular interest in the learning, transmission and understanding of hadith. The preat hadib expert, Sufyan ibn "Uvyaynah, used to say there were three important centres for learning: Makkah for rites of hajh, Madinah for reading of the Quran, and Kufah for what was lawful ancl unlawtul, that is to say, fg. (Havtami, Kéayrat, 103)
As was mentioned earlier, the Companions had settled in different cities of Islam. In order to collect the hadiths of the Prophet from them, diligent students had to travel; they could not depend on a single city for knowledge of the Sunnah. Abu Hanifah, like other jurists and scholars, devoted much timc to collecting Padz/s as well as to pondering their legal import.
He began, naturally, with the masters of dad in his own native city, Kufah. À large number of his adith teachers were Kufans. Lo Iraq,
BSa TIFE Y
besides Kutah, Basrah was known as the ercat centre For Dadmbs at this ume, because ot the presence-there of Hasan al-Basri, Muharnmad ibn Sitin, Yahya ibn «Abi Kathir, Ayvub al-Sakhtivant and {Qatadah. It is surprising that, rhough [bn Sirin and Hasan al-Basri lived up to LIO AL, there is ng evidence of Aba Hamitah artending their lectures. Surprising too is the absence of any record of his narrating trom Yahya ibn Abi Kathir who died even later, The prominent men in Basrah trom whom Aba anitah did hear Jadibs were Qarcacdah, ‘Abel al-Kartm ibn U'mayyah and *Asim ibn Sulaytnán al-Ahwal,
Abū Hanifah also travelled: many. umes to the Benewayge, Makkah and Madinah — the lowest number recorded tor these journeys is Ta, Luring the hajj season the Sarema served as a focal ponr for scholars frorn different parts of the Islami world. Abu Hanifah made goog use af these occasions ta meet scholars, exchange ideas with them and learn from them. It is not known with certaine when he first travelled to the Bargmaye, hut this 1nceident, related by Abu Hanttah himself, strongly implies that it must have been early on: Abū Hanifah weni to a harber’s to have his head shaved attez the. pilgrimage ntes; The barber rebuked him a Few times. First, when he asked what he would have to pay for the shave, the barber tale him: “One does not discuss what one has te pay for hay rires? Again, when Aba Hanifah became quiet and let ch harhcr go on wich his task, he suddenly remarked: (Joe docs not remain silent in baj. Keep saving your /ée7r” And again, when Abo -anttak cot up to leave after the barber had finished, the latter urged him te do two sa abs oi prayer before leasing. Surprised, ;bü. Hanitah. asked hint where he had learned these points of law. Iowe then te Ata? In Ab Rabah, rephed che harber, (bo Nhallkan, Weve’, iu. 261 2)
‘Aca ibn Abi Rabah was the most pious, knowledgeable and respected scholar in fgé ane dedi in Makkah, He was one of several successors mm rhe city, men who had studied with the Companions and were acknowledged masters of kadah, COH. these others who were
24 ABU HANIVAFL
teachers oF Aba Hanitah, it is important to menuon fAmr ibn Dinar and “Ikrimah.
Madinah had been the Prophet’s home during the last decade of his lite, and was the capital of the Islamic state, SAL moved the capital to Kufah but Madinah remained the pre-eminent centre tor knowledge of the Sunnah. Seven of the Successors living in Madinah had become accepted as leading authorities in. Pad and fab. Prominent among them were: Sa'id ibn al-Musayyab, *Urnwah ibn al-Zubayr, al-Qasim ibn Muhanimad thn Abi Bakr, and Khárjah ibn Zavd iba Thalut, Malik ibn Anas studied with the students of these seven jurists, and the fgh of Madinah that he developed is based largely on their rulings. They had received instruction from leading Companions, and passed that learning on to their students who, in rurn, were disseminating it in their schools in ditferent parts of the Islamic world. Abu Hanttah received the knowledge of Madinah from its leading scholars trom among the Successors.
HIS REPUTATION IN FELADITH CIRCLES
Abü Hanifah's reputation for analogy, critical thinking and originality was established quite carly. He was described by some as a man of ray (opinion) and analogs. This description was an indirect way of saying that he lacked sufficient knowledge of hadith and athar. 1t also implied a preference for personal reasoning which, instead of a straightforward obedience to the Sunnah, complicated, perhaps even innovated, some elements of the commands expressed in the texts of Quran and adith,
“Abdullah thn al-Mubarak, a well-known scholar who had studicd with Abt Hanifah, met the great Syrian imam, al-Awza9. Al-AwzaS referred to Abū Hanifah as ‘an innovator who has appeared in Kufah’ and discouraged *Abdullah from listening to him. Then, from his notes, ‘Abdullah recounted some complex juristc issues as deale with by ‘a shaykh whom I met in Iraq.” Al-AwzaT commented: “Ihis is a noble shavkh; go and learn more from hon,’ “Vhis is che same Abi Hanitah
2 ABUFEANIEAH
briefly as his success in drawing out, more systematically and consis- tently than anyone before him, what was universal in the injunctions of the Quran and Sunnah. He achieved this without alteration of the known particular laws or subversion of the fundamental principles and temperament of Islam. Rather, as some admirers said, Muslims should pray for Abū [lanifah precisely because the Sunnah, the way of the Prophet, was preserved through him.
The law as evolved in the generation of Aba Flanifah did not cntet into [slam from outside — as, in Jater times, Greek philosophy or various strands of Christian or Jewish or Indian mysticism entered it, then making themselves at home within the [slamie milicu, appre- priating the idiom and rites native to that milteu. ‘Vhe law prew, from tts anchorave in Quran and Sunnah as understood by particular individuals, into a universality sufficient to make the Islamic milicu capable, on the one hand, of receiving and accepting on its terms already formed traditions like that of Greek philosophy or, on the other hand, of rejecting them outright as it rejceted rhe prestigious, long- enduring traditions of Roman law.
It is right 10 menton Abū Hanifah as.one of the ploncers of the law but he did not, obviously, initiate rhe process of its foundation. Rather, he realized and. directed 115 potential, To understand what Abu Hanifah contributed to the law, we necd to understand how it was evolving up to his time. That is the aim of this chaprer. I set our brietly the unique Importance of its laws in the religion and social order of Islam, the emergence of scholars as a distinct class; how they accumulated and shared knowledpe; how legal and moral authority centred on particular individuals in particular places; how the law was applicel and administered, and relitions between the state and judges and jurists. Finally, I clarify the meaning of the paired rerms “Qur'an and Sunoah’, and the implications for expertise in the study of Aadiths and the derivation of laws.
Xr AWK EAN AT
Ht is impracticable tn this brief essay to mention all of Aba Hanilah’s teachers. There is space here for only brief biographical notes on a few of them who were reparded as imams in fedth and iigb. This informa Hon must suffice to indicare the quahty of che men from whom Aba Hanitah derived his store of dadifés, and his understanding of their legal import and implications. Al-Sha‘bi (no. 1 in the list below) was the most senior of Aba Hanitah’s teachers, About SAV (ne. 2), Aba Hanifah himself attirmed chat he had not seen anv one better chan him. During the later period of the generation of the Successors, there were six men of whom it is affirmed by SAIT ibn al-Madini ane other experts that the chains of narration went through them (Dhahabi, Saar, v. 3545). These sin were: in the Hijaz, al-Zuhri (no. 3j and Amr tba Dinar (no. $; in Basrah, Qatadah (no. 5) and Yahya ibn Abi Kathir, and in kutah Abà Isháq al-Sabifi íno. 65 and al-ASmash (no. 7). Abū Hanifah was fortunate in narrating from five of them; Malik ibn Anas narrated, fram among these six, only from al-Zuhri.
L ‘Amir ui-S bathi id. 104), the oldest of Aba Hanitah’s teachers, was a great A45 who had seen around five hundred Companions of the Prophet. He narrated dedéhs trom the Companions Imran ibn 1 [usaya, Jarir ibn “Abdillah, AbG Hurayrah, ‘Abdallah ibn ‘Abbas, ‘ishah, ‘Abdullah ibn *Limar, 5Sdi ibn 1 latim, al. Mughirah ibn Shufbah, l'atimah bint Qavs. Al Zuhri used to sav that there are only four scholars: Said ibn al-Musayyab in Madinah, Hasan in Basrah, Makhal in al Shim (i.e. Damascus}, al-ShaSbi in Kufah (Dhahabi, S/yar, v. 158). SAbdullah ibn ‘Umar fthe son of the second caliph} heard him lecture on the conquests andl said: ‘By God, he knows this better than me.” Abü Bakr al-Hudbiali saysi ‘Ibn Sirin asked me to sray close to al-Sha‘bi, because I have seen him being referred to [even] while the Companions were in big number (Dhahabt, fadb&mart, 82, 813. Al Shatbi also served as a judge for a period of time. Gibtd., 88)
2 “Alfa? dan ABE Rabah (d. 115) was the most famous teacher and imam of Judith, tajir and. figh n. Makkah. !H He learnt froni many Com-
HISIIP[ Al
panions until he became a mayfabed, (1.e. qualified to give legal rulings). Ile reported. Paditbs from *XAbdullah ibn *Umar, *Abdullah ibn “Abbas, Jabir, Zavd ibn Arqam, Abu l-Darda', Abu Hurayrah, among others of the two hundred Companions he had met. *Abdullah ibn ‘Umar said: ‘Why do the people come to me when SAt is among them? (Dhahabi, Tadhkirah, 98). Among those who learnt from “Ata are: al-Zuhr, ‘Ame ihn Dinar and al-Awza‘l. When Abu Hanifah called upon him for permission to attend his lectures, “At? first examined his belief. This was necessary because Abt Wanifah came from Iray, which had been the seed-bed of several new sects in Islam. “Ata asked him which people of lrag he belonged to. Abu Hanitah replied: 'I do not abuse the early veneration; | do not accuse a sinner of unbelief and I believe in Destiny’ (Baghdad, fa?vké, xin, 331). SAt was pleased with his answers and allowed him to attend his classes, ‘She intelligence of Aba Hanitah soon impressed itself upon ‘Att’, and he used to seat him beside himself. During the lifetime of Ata’, whenever Aba Hanifah visited Makkah he always called upon him and accompanied him.
3.4658 Bakr Mubasmad tha Muslim ibu Shihab al-Zabrt (0-124), Some describe al Zuhri as the greatest master of Aadih. Fle narrated trom ‘Abdullah iba *Umar, Sahl thn Sad, Anas ibn Malik, Mahmad ibn al-Rabis, Safd ibn al-Musayyab and others of the longer-lived Compan- lons and ercat 455. Lavth. said: *'I have not seen any. scholar more comprehensive in knowledge rhan al-Zuhrr. The caliph Umar ibn ‘Abd al-‘Aztz (r. 99-101) said: “No one is left who knows the sennabs more than al Auhr? (Dhahabi, Tadh&rar, 109). Al-Zuhn himself said he never Forgot anything that he had committed to memory, Once the Umavyad caliph [Hisham ibn *Abd al-Malik (r. 105—125) asked al-Zuhn ta dictate something to some of his children. Al-Zuhri dictated many badiths to them. Then he came out, called the students ot Hadith to him and dictated the same feds to them also, exactly as before, (Tstaháni, Hibat al-antya, ni. 363).
Abduli b, Umar Ams b, Milk Ris Abi Haran ‘Abdali b. Masid ‘Abdul Abts (1) 49 49 q9 — an (L6)
‘Aloamah (02) —al-Aswad (4. 75}
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Naf ‘AmialShebi aduh” Hammddb, AbiSolgmin al-A‘mash “Ati? b, Abi Rabah
Qu) Q0 d) — QU — QS — IH
——
Abi Han (10
Chan f, Transmission of fudi, through students of major narrators among the Companions, to Abù Hanifah
Ils LIFT. 33
4 Ayr tha Diver abMaker (46-1263. "Amr heard faditis fram Ibn “Abbas, Ibn ‘Umar, |Abir ibn *Abdillah, Anas ibn Malik and others. Shu‘bah praised his reliability in preserving and transmitting dadiths. Ibn *l'vaynah held the same high opimion of his accuracy, adding that in Makkah he had no equal in knowledge of fg.
5 Gafadab ibg Di*amab ai-Nadist ail-Dasrr (61-118). Qatadah, a blind man and a famous a was a renowned expert in vedrih. He heard from Anas ibn Malik, ‘Abdullah ibn Sieis, Abu l-Țufavl, Safe ibn al- Musavyab and others. He once stayed with Said ibn al-Musavvab for eight days. Qn the third, Sad 1s reported to have said to Qatadah: *0) blind one, leave me — vou have sucked me dr? (Dhahabi, Taaberar, 123). Ahmad ibn Hanbal (d. 241) praised the excellence of his memory, his ggh, his knowledge of sejur, and his knowledge of the differences among. scholars. He says that Qatadah was able to memorize anything he had heard — rhe Sa/fab of |abir was read to him once and he had it bv heart. Al-Dhahabi adds that Qatadah was eminent in his mastery of the Arabic language, and in the history and genealogy of the Arabs,
6 Ibn Inbag ai-*abi*? 5 dur ibn CModilab ai Hasan a-Kip (d. 127. A faii't, he narraced tram *Abdullih ibn *Abbàs, *Abdullah 1bn TL amar, "Abdullah ibn al-Zubavr, INu'man ibn. Bashir, Zayd ibn Argam and other Companions. bu Hatnm (d. 277) said he was reliable and lke al- Zuhn in abundance of Pss. ALD (d. 261) mennons that Abu Ishàc narrated from 38 Companions. “Ali ibn Madini, a famous teacher of al-Bukhari, said: “E counted the sned ol Abū Ishaq; they were around three hundred people. (Dhahabi, Saar v. 392—401)
7o Nuduyean ibis Nadran, kuwen às aids (d. 148). À great and Famous imam of Kufah. He met Anas ibn. Malik and narrated from him and from ‘Abdallah ibn Abi Awti, Aba Wari, Ibrahim al-Nakha and others. Abt Hanifah, Sufyan al-Vhawri, Shutbah and others narrated from him. Al-Fallas said: ‘al-Atmash was called maybaf because of his truth’, Yahwa al-Qartin said: ‘al-A‘mash was the ‘adamah [very lamed] of Islan. (Dhahabi, Tadbézraf, 154)
340 ABC! ELANTD AB
B al Fla&am im Urayhah (d. 115}, che great master in Kufah in hadith and figh. le narrated from Qadi Shurayh, Aba Wil, Ibrahim al- Nakhafi, Said ibn fubayr and others. Ahmad ibn Hanbal said: *Al- ltakam is the mosr reliable person in narrating trom Ibrahim’. Ibn ‘Cyaynah satd: “In Kufah there was no one like al-flakam and [lam mad’, AIT said: “Al-}Hakarmn ts reliahle, firm, a jeg? and a man of the Sunnah’. And al Mughirah said: “Whenever al-I lakam came to Madinah, the people used to leave for him the pillar of the Prophet where he prayed’. Mujahid ibn Rami said: ‘I did noe know the virtue ot al-Hakam until the scholars gathered in the mosque of Mina where | saw them depending on him.’ (ibid., 117;
Y Saim in “Abdallah toa Comar A, 106), one ot the famous jurists in Madinah. He narrated from his father ‘Abdullah ibn ‘Umar, ‘A?ishah, Aba Huravrab, Ràfif ibn Ikhadi] and SaSd thn al-Musavvab, Malik nar- rated from him through someone else, while Aba flanifah narrated from him direetly. Ue had many virtues and his father was proud of him. Malik said of him: ‘There was no ane in his ime closer to the pous people of the past in sadé (asceticism) and virtue than him,’ Ahmad ibn Hanbal and Ishaq ibn Rahawayh said: ‘The best chain of narration ts al-Zuhtt from Salim trom his father.” (ilid., 89)
LO Naps Abs S-lidital: af-Madani, mawia of Ibo ‘Umar (d. 117). He narrated trom bis master Ibn “Umar, ‘A’ishah, Aba Huravrah, Umm Salamah, Rā ibn Khad and others, Malik narrued from him. ‘mar ibn ‘Abd al-Aziz deputed him to the people of Egypt to teach them the Sunnah. His narration from Ibn *Umar is regarded as one of the strongest sads.
li Hakam im Umah im al-Aabayr id. 140). tlimself a great and highly esteemed sahta he narrated from many of the major rabi. Numbered among his students were vreat imams like Sutvan al. Thawri, Malik, and Sutyan ibn “Uyaynah, He came to Kutah during the reign Of Abd Ja‘tar al-Mansdr (r. 36758), who respected him highly. Vhe seholats of Kufah narrated from him, Tbn Sa'd (I ubagat, vil, 321)
INTRODUCTION 3
atguments, occurred against the background of some shared sense of what was Islamic and what was not. lt is a matter of record that the tirst Muslims disagreed amongst themselves about a number of important matters - on the question of political leadership they disagreed to the extent of civil war, And yet, on the question of how the Jaw was co evolve while retaining its anchorage in the revelation, a stable consensus emerged very carly on. The reason for this (in coatrast co the quesdon of political leadership) is that the foundations tor such consensus had been laid during the period of revelation itself. The revelation contained teaching on this question sufficient to meet the needs of Islamic society as it expanded, which it did with spec- tacular speed. What was this teaching?
l'irsr of all, no Muslim was in anv doubt of the centrality of the law to Islam. "Phe migration: to Madinah was not just an escape from an aggressively hostile environment to a place of refuge where the Muslims would oot he persecuted, ‘That was the purpose of the earlier migration of some Muslims to Abyssinia. The migradon to Madinah (Hijrah) was the beginning of a movement to build a. social and political environment that expressed and enabled Islam as an ethos, a social order. The Islamic era is dated fram tbe Hijrah in recognition of this fact. The contrast with Christianity is instructive: it found irs civilizational space within the legal order and the Hellenic heritage of the Roman empire; it was obliged (providentially perhaps) to go through several centuries of compromise with that heritage, the two eventually achieving a reciprocal subversion or conversion. [slam defined its own civilizational space, before it drove into. the. wider space defined by Romans or Persians. In practical terms, this meant that religious and moral values had to find expression in. concrete terms as norms of behaviour and as laws: for example, the \alue of sobriety is partly expressed in the prohibition of intoxicants; the value of chastity is partly expressed in dress codes; the value of charity ts partly expressed in the alms-tax or ge&ab; the values ot fairness and
AbiBakr Umar Uthmin AT Ton Mastid Ton Umar Ashah MuSdh Ton ‘Abbas (13) dA bo) q4 (3 (Q5 (5X AN dA
Sana a
‘Algamah (2) al-Aswad (d. 73
Triin Nhi (d. ita Shi. 108) Hammidb. Abi Sulmin d 12) Agh, Abi Rabih (6. 114
Abi Hana 150
Chat 2, Transmission of fi though the students of major figures among the Companions, to Abù Hanifah
HIS I.I: — 37
Itis worth emphasizing, after that list ot the great names among the teachers of Abū Hanifah, that for his fig, the derivation of laws, and for his methods of reasoning, he relied above all and most assidu- ously upon Mammad ibn Abi Sulayman. He was profoundly loyal to him and deeply conscious of his debt to him. Indeed, he accompanied liammad continuously for ten years before he considered starting his own class. It is out of respect for FTammad that he waited so long. He explains:
| accompanied. him for ten. vears; Then. mx. desire. prompted. me. tfo. seck prominence, so | wished ta leave him and scart my own class. |] was going ro do so ame evening, bul on entering ihe masjid and seeing him, D did noc like to leave him, and J came and sac by him. On the same night Hammad teceived news of the dean in Basrah of a relative, someone who had kett no heir. | larmmäd asked me to sit in his place. As spon as he left T was confronted with questions [far] whtch [ hac not heard |answers] tram Hanumad. | responded to these questions, keeping nores of. them. Elimmac remained absent for two months. When he returned from Basrah I showed him rhe nores. "hey. dealt with sist questions. Elaminad agreed with oie in forty and differed from me in twenty of the answers, At that point I decided not to leave him while he lived. So l accompanied him fin all for] ciuhicen venrs, (Baghdādi, a éd, xii. 333
r
After the death of Elammmad in 120 4H, Abt Hanifah succeeded him as the principal teacher of g^ in Kufah. Eis fame spread, experts ot hadith and jigh attended him, and people from every major city in the Islamic world came to study with him.
IIIS RELATIONS WITFFI THE STATE, IMPRISONMENT AND DEATH
Within lrag itself, and then the rest of the Muslim world, Abū Hanifah acquired such authority and influence rhat the rulers felt threatened by him. Zayd ibn ‘Als revolt against the Umayvads took place in 121 AH, during the reign of the caliph Hisham ibn ‘Abd al-Malik. Abt
38 — ABÜ FLANTE AH
Hanifah supported Zayd ibn SAG morally and financially, but did not participate in the actual revolt.
The machinations for the ‘Abbasid revolution gathered strength during the reign of Marwàn al-Himár (r. 127-32). Abü Muslim of Khurasan was the main actor behind this revolt, and sapped the foun- dations of support for the Umayyads. As the political disturbances were shaking Iraq, and in particular the city of Kufah, Marwān al- Himar made Yazid ibn ‘Umar ibn fHubayrah governor ot Iraq. Yazid appointed reputed jurists, such as Ibn Abi Layla, and [hn Shubrumah to important political posts. Ele offered the posts of qadi or chief treasurer to Abu Hanifah, who declined. Incensed, Yazid declared on oath that he would compel him to accept appointment, bur Abu Hanifah said: ‘If Yazid were to ask mc to count the doors of the masjids, E would not agree to do it for him, not to speak of my sealing the death-warrant of a Muslim signed by him’ (Shibli, aiNu‘man, 50, citing ‘tigad afjuman, ch, 21). Yazid had Abo Llanitah imprisoned and ordered that he be whipped daily, but Aba Hanifah did not relent. It was Yazid who had to relent and stop the puntshment.
The ‘Abbasid dynasty acquired power in 132 AH. ‘The second ‘Abbasid caliph Mansur succeeded his brother Aba I-Abbas al-Saffah in 136, and continued the policy of atrocities against Umayyads and descendants of Ali ibn Abi Talib. He killed Muhammad ibn Ibrahim (known as al-Dibaj} and persecuted the ‘Alawis relentlessly until they were unable to endure it any longer. In 145, a prominent descendant of *Ali, Muhammad Dhu l-Nafs al-Zakiyyah, led a rebellion against ‘Abbasid rule in Madinah, [lc was killed in Ramadan of the same year. ‘Thereafter, his brother Ibrahim, a great scholar and a brave leader, took his place. His revolt gained much support from both scholars and the common people. Abt Hanifah did not participate in the rebellion, but he did support Ibrahim financially and morally. {brahim fought weil but was defeated and killed in Basrah and his movement
HIS [JE 39
crushed. Mansur turned on those who had supported Ibrahim, and in 146 summoned Abt Hanifah to Baghdad.
As Abu Hanitah was presented to the caliph, Rabi‘, the chamber- lain introduced him with the words, “This is the greatest scholar of the world today’. Mansur asked him who he had learnt from. Abt Haniiah mentioned the names of his great teachers. When Mansur offered him the post of judge, Aba Hanifah refused, claiming that hc was not qualified for it. Mansür became angry and called him a har, to which Aba HHanifah replied that, i£ that was so, he could nor be fit for the post as a lar cannot be appointed as judge. Mansur declared on oath that hc would make Abu LHanifah accept the post. He replied bs similarly declaring on oath that he would never accept it. Rabi‘ said: ‘Abū Hanifah, do vou oppose the caliph’s vow with a vow of your own? Aba Hanitah replied: “Yes, because it is casier for the Com- mander of the Faithful than it is for me to atone for the sin of swearing. (Dhahabi, Sayer, vi. 401-2)
In the end, Mansir imprisoned Aba }lanitah. But the man was by then so famous and popular that imprisonment did not stop scholars from visiting and learning from him. Mansür's uncase and fear of him grew and it is alleged that hc had him poisoned. Abū Hanifah died in 150, the month variously given as Rajab or Sha‘ban or Shawwal.
Hasan ibn “Umarah, the judge of the city, washed Albu fanifah’s body in preparation for burial, and said: “May God have mercy upon you, You fasted for thirty years continuously, and you did not sleep in the night for forty years. You were the greatest jurist, the greatest worshipper, the greatest ascetic among all of us. You combined all the virtues. You made people after you hopeless to reach vour status’ (Havtamt, Kheyrat, 227). His funeral praver was held six times, and more than fifty thousand people praved. over. bhim. Abū [lanitah had expressed a wish to be buried in the gravevatd at Nhayzuran in the eastern part of the city, because the ground of rhat gravevard had not been seized by force. He was buried there after. the ‘asr (mid-
INTRODUCTION. 7
The Quran was ven m the Prophet by his earme it, with it came the explicit command not to hasten his tongue in rhe utterance p i, nor to be anxious about remembering it God promises to prepare his heart for it, to preserve it fully, and to guarantee its exposition Ga-Ciryamab, 73. 16-19). Hearing (unlike sight) involves a direct presence ot the message in the listeners body, which prompts, In the first instance, an adjustment to that sound. After sufficient recurrence, combined with receptivity on the part of the hearer Qvilingness or need to pay attention}, that adjustment grows into ‘attunement. The process may be understood by analogy with how children acquire language. After sufficient exposure to speech, a childs ear can process, and its vocal apparatus reproduce, sounds, tones and Meanings of astounding complexity. Mosc children can, after three years or so, hear and use their mother tongue correctly. hey can also distinguish tailures in its rules, thar is, they can distingutsh right from wrong usage. It is this degree of attunement thar Muslims mean when they affirm thar the dicta and deeds of the Prophet constitute the authoritative exposition ot the Qur'an — 1n the brilliant aphorism fattributed 10 his wife “Pishah), ‘his character was the Quran’.
Those who were close to the Prophet tor all or most of the period of revelation became ‘attuned’ to the Quran through their attentiveness to the Sunnah, their striving ta follow the Prophet in his precepts and practice. Sometimes. they. asked. him. questions about what they should do, and haw ther should do it. Someumes the Prophet on his own miuative expressed approval or disapproval of what he saw people doing, Many rulings were given in public, typically from the Prophee’s pulpit in Madinah. But people also came to consult the Prophet in private, in small groups or individually, Those who heard from the Prophet would take nore of what he said, either In Memory or, in some Cases, IN writing te aid memory, Accordingly, when the corpus of the teachings ot the Prophet came to be formally compiled, tt emerged that some of his savings (Aadifis) were transmit-
EIS LIFE. <1
HIS DESCENDANTS
The only known descendant of Abu Hanifah at the ume ot his death was his son Hammad. Hammad received his cducauen from his futher and other well-known scholars. Fle followed his Father in piety as well as in learning and became a considerable scholar and jurist. Dhahabi (faen vi 403) sav Ciammád had knowledge, relimion, righteousness, and complete piety’. Many people had lett deposits for safc-kecping with Aba Hanifah, and these now became the son's responsibility, Hammad brought them to the judge so that he would take custody of them, The judge asked him to hold on to the deposits, but Hammad imstsred thar the judge should weigh, record and iake custody ot them se thar ‘the responsibiligy of the father finishes’. The judpe was busy with this task for same days. Meanwhile Hammad went inte hiding until he knew the judge had delivered the deposits to some trustworthy. person. for continued. safe-kecping. dung. their owners! absence, "Fhroughout his life Eammad refused. all contact with the roval court, and never entered anvone's service. He died in Dhu l-Qa'dah 176, leaving four sons: 'U mar, Ismail, Aba Hayyan and ‘L'thman.
l&ma*il studied with his father Hammad, “Umar tbn Dharr, ibn Abi Dhib, Malik 1bi Mighwal, Qadi Abu Yusuf and Hasan ibn Zivad, and became well known for his knowledge. The caliph Maman ir. 189 201) appointed him co the past of judge of Basrah. He carned out his dunes so well that, when he left Basrah, all che people of the cin came put te see him ott. The famous Basran scholar Muhammad ibn *Abdd- lah al-Ánsárr savs; "wo one who has held the post of judge [in this cin] since the tre of *Urnar [ibn al-Ikhattab] unul our time was morc knowledgeable than. I&mà^l ibn. Hammad.' fie was asked: [Not] even
42. ABÜ HANTI AH
Hasan al-DBasrig£ He answered: 'xXou even. Hasan. al-Basri^ Isma‘ll died in 212 An.
LIVELIFHOOD AND PURSONAL QUALITIES
Unlike most other scholars at the ume, Abi Hanitah enjoyed com- plete Ainancial Independence, which treed him from any obligation that might have. inhibited. him from expressing his true opinion on any matter. He was a verv successful sulk merchant, the owner of a well- known shop in the quarter of ‘Amr ibn Hurayth in Kufah. He traded in goods worth large sums, and had agents ina number of cities. With such a big establishment under him, he personally took care ta see that no unlawful gains accrued to his business, even ji ihis entailed occa- sional losses. (nee he sent some cloth te his partner wath instructians to point out to prospective buvers certain defects in some of the lengths. However, the partner forgot the instruction and sold off the defective lengths without informing the buvers. Nhen Abu Hanifah learned oi this, he was very sorry and gave away the entire proceeds from the sale in charity (Haytami, KAzyrgé, 140). Makkt ibn Ibrahim salik | kept company with the people of Kutah — | have never seen among them anvene who avoided doubttul things as Abu Hanitah
did? (ibid., 13%
Cemeraiity
Abu Hanifah was rich without beng in love with wealth. He used his wealth for his and others’ needs. Hle fixed stipends tor all his needy friends and acquaintances, and reserved a part of his profits fur distnbution among scholars annually. He used te provide those af his pupils whe were poor with money for their maintenance expenses, 8o thar they could attend to their studies undistracted by dermestic worries, Many students too. poor to sustain. their studies were edu-
PS TER +3
cated with his help and attained to high position. One of these was his most tamous studencr, Qadi Abu Yusuf.
Muthanna thn Raj® says: “Whenever Aba dlanitah spent sonic- thing on his family, he would expend the same amount in charity’ (Dhahabi, Snan vi. 400), One day a poor-looking man, along with some other people, called on Abu Hanitah. When his visitors rose ta take their leave, the Imam asked the poor man te stay on. After che others had pone, he indicated the praver mat and asked che man to lift i, He did so and found a purse containing a thousand dirhams, Understanding he was being offercd money, the man explained that he was well-to-do and did not need ie Abū Hanifah said: ‘llas the badifli not come to vou [that] God loves co see the sign of His favour on llis slave?’ (Baghdàdi, T7765, xii. 361)
Once, while on his wav to sce a sick acquaintance, Aba Hanifah saw ata distance some man who owed him. EO;000. dirhams. As the man appeared to try to avoid him, Abū Hanifah hailed him and asked why he had done so. The man replied that he was ashamed to face him because he had not been able to repav the loan. Moved by the man's sincerity, Abu Hanifah said: “Well, if veu are unable to repay the loan, vou need not do so, and thar money is as a ift for vou’ (Haytami, Kayrāt, 136)
Ebrahim ibn ‘Uyavnah had accumulated a debt of 4000 dirhams and being unable to repay it stopped meeting people out ot shame, A triend started collecting subscriptions to help him discharge the loan and approached Abu Hanifah also. Abü 1 lamfah there and then paid otf che whole sum. (ibkl, 137)
Piety
The reports of Abu Lanitah’s virtues, particularly his piety, are abundant; some of them are confirmed even by those who opposed his arguments. Some called him ‘the Peg’ on account of his continu- ous standing in prayer Mhahabi, Saar vi. 400). Asad thn ‘Amr said
44. ABU HANIEA])
that for forty years Abu Hanitah did Sie? and fyr with rhe same wadi’, meaning he did not lie down to sleep between che night and dawn prayers. Aba Yusuf said: ‘While T was walking with Abu lianīfah, 1 heard a man say to another; That is Abu Hanifah who does not sleep in the night. Upon hearing that, Abu Hanifah said: By God, pcople should not say about me what I do not do, Thereafter he began spending the whole night in praver, weeping and supplication.’ (ibid., 399
Abu Yusuf sketched this portratt of his teacher for the caliph Harün al-Rashid (r. 170-189} at the latter’s request:
As far as 1 kaow Abū Hanifah was extremely pious, avoided forbidden things, remained silent and absorbed in his thoughts mest af the time, and answered a question only Hohe knew the answer. dle was very generous and self-respecting, never asked à favour of anybody, shunned the company af che worldly-minded and held worldly power and pesition in contempe. tle avoided slander and only talked well of people. He was a man of profound learning and was as generous with his knowledge as with his money, (Wahbr, 15a T Hanifab, 72)
On hearing this account, [arin al-Rashid observed: “Those are the characteristics of the righteous.’ His virtues, piety and devotion to worship undoubtedly derived from constaney with the Quran. He recited it daily, and the whole novice each day of Ramadan, without neglecting his normal duties. (For reports about this, see Dhahabi, Siyar, vi. 397—401 3
Ciod-waristest
An abundance of reports affirm that Abū Hanifah was on the highest degree of fear of God. Yazid tbn Kumayt reports that he heard someone say to Aba Llanitah: ‘Fear God! Aba Hanifah trembled and went palec, then bowed his head and said: “May God reward you welll How needy people are. for. someone. to. remind. them. of this,’ (Dhahabi, Szyan, vi. 400
HISIAEE 45
Abu Hanitah was profoundly convinced of the truth of the Qur'an, and in lim this conviction was combined with understanding and the commitment to teach and live the life that the Qur'an enjoins. He was often overwhelmed by fecling when reciting or reflecung upon it Ibrahim al-Basri relates that onc morning he was doing his prayer together with the Imam. When he recited the verse (fbrdbin, 14: 42}, ‘Do not reckon that God is unmindful of what the evil-doers ate doing’, his whole bedy convulsed with sobbing £Makki, Masaqi?, 12). Zaidah relates that he had an important question to put to Aba | [anitah and planned to do so after the ‘ida’ prayer, He waited for him to finish his supererogatory prayers after the ‘irha’ But when, during his recitation of the Quran, Aba Hanifah reached the verse (af-Par, 52: 27), ‘then God bestowed favour upon us and saved us trom the torment of the scorching wind [of hell], he went on repeating it until the morning. (Baghdadi, Lab, xili. 357)
On another occasion he spent the whole night repeating the verse [ai-Ciatar, 54: Gy: ‘No, but the Hour is [the time] appointed tor rhem and the Hour is most gricvous and most bitter’, weeping while he did so (flaytami, KAayraz, 125). Yazid ibn Kumayi relates that he joined Abü Hanitah in an. bz? during which the imam leading the prayer recited che sárah 2-7 df (98: 1-8), "When the earth shall quake with her quaking... Then whoever has done a particle’s weight of good shall see it, And whoever has done a particle’s weight of evil shall see it. After the congregation had departed, Abu Hanifah was still siting and sighing. Yazid did not want to disturb him, so he too went away, leaving Abū Hanifah there. When he returned to the masjid the Following morning, he found him sull there, holding his beard in. his hands and saving: *O You who will reward even the smallest virtue and punish even the smallest sin, save Your slave Nu'mán from hell- fire." (ibid., 126)
He never backbited or slandered anyone. When rhis was reported to Sutyan al-"Thawri he said: ‘Aba Hanifah is tog intelligent to ruin all
da ABU HANJEAH
his wood deeds [by backbiting or slander|’ (Baghdàádi, Ta "7&5, xii. 361). Abū Hanifah often thanked God for saving his tongue from being conraminated by the evil of abusive talk and back-biting. When asked once why, when others spoke ill of him, be never did the same, he said: “This is Gods grace. He grants 10 whoever He wills” (Flay: tami, Khayrai, 132)
Hamili and forbearance
ln spite of wealth and his reputation as a great scholar, Abu Hanifah Was NOt arrogant oc conceited, nor affected aav. aie of intellectual or moral superiority. He understood well that the people who came to him were very different tn talents and temperament, and that these differences, as well as differences ot opinion, should be anticipated and accepted. He faced hoth difficult questions and difficult questioners. Of the latter, many instances are recorded:
While he was sitting in the masjid, surrounded by his students and admirers, a stranger put a question to him, which he answered. The stranger commented that Hasan al-Basri had given a ruling contrary to thar. Abū Hanifah saik "Then Hasan al-Basri made a mistake.’ Lt happened that among those present there was an ardent disciple of Hasan al Basri, and he blerted oue: “You son of a whore! You dare to say that Hasan al-Basri made a mistake This caused an uproar in the assembly, However, Abü [Hanifah intervened and prevented any further unpleasantness, When calm had been restored, he turned to rhe abusive man and said vers genth: “Yes, Hasan did make a mistake. The correct tradition on the subjeer is rhe one narrated by “Abdullah ibn Mas'üd.' (ibid., 192)
Yazic ibn Kumayt was present on an occasion when a questioner spoke abusively t0. Abü [1anifah, who continued to answer the man gent and calmly, even though he became increasingly rude. In the end, he called Aba HIanifan a heretice (zzia*p. On hearing that word,
UNTROD(CCTION — 9
confident in the ability of his close Companions to exercise conscience and reason on behalf of the law, and not for personal advantage or tor the advantage of any group or interest with which they were associated. He promised them a reward hereafter for the effort to apply and extend the law in the situations they faced, and a double reward if their judgements proved right,
The significance of piety and righteousness among the qualitica- tions for reasoning with che law should not be underesumated. 1n later centuries, when the compendia of biographical sketches of the Companions and their successors were compiled, their personal repu- tations remained the most prominent element. They are praised for the quality of their évam, that is, the quality of thetr self-transcendence expressed as surtender to the will of God, their obedience and love of Him and of His Messenger, In modern idiom, this quality translates as the capacity to balance short-term interests with long-term ones: they had to balance the need to resolve the immediate problems and disputes before them against the need to preserve the ethos of Islamic society for future generations. The fsa of che Companions and their students, and those who followed them in their service of the law is the strong weight in Islamic history, counterbalancing the centrifugal tendencies (focused in the leaders of political or doctrinal or religious factions} which, in. various degrees, tried to ‘re-invent’ Islam to suit the advantage for simply the tastes or local habits) of their clan or tribe or sect. So long as service of the law remained disinterested (i.c, was bound by duty to Islam and its primary sources) it was patient, even relatively comfortable, with diversity in interpretation and prac- tice. ‘That is why, even long after the different schools had been well- consolidaced, and there was a ult towards preserving and promoting the distinguished figures and books of a particular school or sect, Islamic law retained a good deal of tts symbolic and practical power to hald the Muslims together in a shared cultural space.
48 ABC HANIFAH
assembly, he would visit an invalid, or take part in a funeral, or help a poor person, or fulfil the need of 2 needy person. When it was night, he would devote himself to worship, prayer, reading the Quran. That was his way untl he died.’ (Makki, Managzb, 1. 152)
Not much is known about Abt Hanifah’s father; it scems likely that he dicd when Abü FIanifah was still a child. 1 is mother was long- lived, and hc looked after her with great affection and regard, although she appears not to have recognized her famous son’s expertise. In a report from Muhammad ibn al-Hasan she tells Abū Hanifah to ask ‘Umar ibn Dharr, a well-known preacher of Kufah, the answer to a particular question that she had. Abū Hanifah duly went and asked the preacher, who said: “Tell me the answer; I will repeat it to vou, and then vou can convey it to her from me.” Abu Hanifah did so and she was satisfied Gbid., u. 6). A similar report is attributed to Aba Hanifah himself. His mother once asked him to get a fatwa from a sermon-giver called Zurfah. Abu Hanifah answered her question but she was not content with the answer from him; she said: ‘T will accept only Zurfah's answer." Abo Hanifah accompanied her too Lurah, who said: “You are more knowledgeable and more expert in figs” Abu Hanifah told him the fatwa he had given in answer. Only when Zurfah confirmed that his answer was as Abü Hanifah had said was his mother satisficd. Then Abu llanifah accompanied her home. (IHaytami, K/uyrar 195—6)
In Abü Fanifah's neighbourhood, there lived a cobbler who, after his day’s work, would come home with friends and eat and drink and make metry into the night. Now and again in his drunkenness, the cobbler sang a couplet, whose meaning Is: ‘People have let me go to ruin and waste! / I, who would have been of use to them in battle and siege.” As Abu anitah regularly spent the latter part of the night in ptayer, he would overhear this revelry but, out of neighbourly considera- tion and his habitual kindliness, he never made a fuss. On one pat- ticular night, he did not hear his neighbour. The following morning
ly ABE HANTILAH
APTER THE DEATH OF THE PROPHET
After the death of the Prophet, the territories to which the law had to be extended expanded rapidly. During the rule of Umar, Greater Syria, Irag, the major provinces of the Persian empire, and Egypt came under Islamic rule. Large numbers (especially among the Arabic- speaking people of Iraq and Syria) embraced the faith and new cities were founded. Many of the Companions left Madinah and settled in other cities to teach, and to give rulings and judgements to order the people’s affairs. The number of Companions referred to for the purpose of interpreting and applying the law reached 120 according to Lbn Hazm (d. 456). “Umar took particular care to appoint in every major city Icarned Companions who were competent to teach the Quran and the Sunnah, and to uphold the law. The most eminent among those appointed by him were Abu |-Darda’ in Syria, and ‘Abdullah ibn Mas*üd in Kufah. The Muslims of the different regions followed the Companion teachers of thelir cities in recitation of the Quran, and the rites of worship, and also in the moral and legal ordering ot their everyday transactions, Given the speed and the seale of expansion, it was inevitable that the Companions faced situations that elicited. ditferent responses from them. ‘This was in part because they were acting in ditferent localities, in part because their individual efforts of conscience and reason were, though equally dedicated, differently attuned co Quran and Sunnah. Later generauons explained the differences as resuluing from the Companions’ tollowing difterent methods of interpreting the law.
Just as people had gathered around the Prophet to learn from him, so too people gathered around the Companions, and stayed with them — some tor decades — as their students, This generation, known in the tradition as the fbx (the followers or Successors) learned from the Companions their stock of Jadis, and their methods of
sh ABU ELANTJE A
prayer, then sit to teach, discuss juristic issues, and answer questions until the time of noon prayer. After that he would sir for the sake of knowledge until the afternoon prayer; then he would teach again until a while betore sunset, After the sunset praver he would again sit for his class until the time of the night prayer. Then he would pass the night in devotions and long pravers. (Dhahabi, Ta 7&2, vi. 135;
A pearance
Along with excellence of character, God had endowed Abü [Janifah with good looks, Several eye-witness reports confirm that he liked to dress well, that is, in clothes of good quality, and wore fine pertumc. *Abd al-Rahman thn Muhammad ibo al-Mughicah said: ‘Tl saw Aba Hanifah as an old person giving fatwas to the people in the mosque of Kutah, On his head chere was a long black cap? Nadr ibn Muhammad said: “Abu Hanifah was handsome, wore nice clothes and nice per fume.’ Qadi Abu Yasuf said: “Abu Hanifah was ot mediuni height, with handsome features and a well-proportioned. figure; His way of speaking was pleasing and his voice loud and clear, lle was mosi cloquent in explaining himself” His son Ffammad said: 'My father was handsome, had beautiful appearance, much perfumed. [le did not speak but in reply. Hc did not engage in unnecessary business.’ [bn al Mubarak said: ‘[ did not see anyone in his assembly more elegant, well-mannered, and composed than Abū Hanifah. (Dhahabi, Saar, vi 399 400)
THE VIEW OF HIS CONTEMPORARIES ANID PEERS
As |] mentioned in. the Introduction, there was a broad division among the Islamic scholars of this cady period into two groups: ab al-hadith and abl ai-ra’s. The ditterence was one of emphasis rather than principle since, for all practical purposes, all scholars were agreed on the sources of the law. However, the scholars of the Kufan school
INTROD CTION L
applying thar knowledge, Le. their fgh, their ways of understanding the hadiths as law. The most widely famed among the Successors were the seven jurists of Madinah. They were: Sa‘id ibn al-Musayvab (d. 98), ‘Ubavdullah ibn “Abdillah ibn ‘Utbah tbn Mas‘ad (d. 98), *Unswah ibn al-Zubayr (d. 94), al-Qasim ibn Muhammad ibn Abi Bakr (d. £06), Abt Bakr ibn SAbd al-Rahmaan ibn al-Harith ibn Hazm (d. 94), Sulayman ibn Yasar (d. 120, Kharijah ibn Zayd thn Thabit (d. 100). Besides them, there were other greatly respected scholars who attracted a very large body of students: *Alqamah (d. 62; Kufah}, al-Aswad (d. 75; Kufah), Salim ibn *Abdillah ibn *Umar (d. 106; Madinahb), Ibrahim al- Nakhaf (d. 96; Kufah}, £At2? ibn Abi Rabah (d. 114; Makkah), Hasan al-Basri (d. 110; Basrah). During this period personal collections of hadiths and dthar (reports of the judgements of che Companions} were increasingly set down in writing, and circulated. As students travelled between teachers, and mixed in different places, they exchanged this knowledge with each other. The more scholarly of them began ta take note of who had transmitted what from whom, and this academic apparatus supporting &«dubs and afbár became a part of the knowl- edge that was circulating ever more widely. Already among the students of the Successors, distincdons (if not vet spectalizanons) were emerging, between those who knew and memorized and transmitted baths, and those who derived the law from them — those who were good in Padrtb and those who were good in fgh. This was an inevitable process, given the increasing distance from direct knowledge of the Sunnah and the increased opportunities for reflection, critique and gencral professionalization of teaching that came about as the mode of learning shifted from mainly hearing texts 10 also seeing them.
With the students of the students of the Successors, we reach the generation of Abt Hlanifah. [n this generation, leadership in the domain of fgh in Kufah passed to Abt Hanitah, in Greater Syria to al-Awza, in Macinah to Malik ibn Anas, in Makkah to Ibn Jurayj, and in Egypt to Layth ibn Sa'd.
52. ABC BANIEAH
Muhammad ibn Bishr said: '1 used to call upon Abi Hanifah and Sufyan. Once I came to Abà Elanitah, Hc asked, Where are you coming trom? I said: From Sufyan. Abu Hanifah said: You are coming from a man who, if ‘Alyamah and al-Aswad had been alive, they would have needed him. Once J] came to Sufyan. He asked me, Where are you coming from? I] said: From Abu Hanifah. Sufyan said: You are coming from a man who is the most expert in /zg^ on the face of the earth’ (ibid., 344). Qadi Aba Yasuf said: ‘[Sutvan| al-Thawrt i$ more of a follower af Abd Hantfah than me.’ (Haytami, Adayrat, 105)
On the death of Abu Hanitah, Shu'bah said: 'Kufah has become a dark place.’ Ibn Jurayj said: ‘A great scholar has left us.” And: ‘Indeed Abū Hanifah is a fagh! Indeed he ts a fagi?! Indeed he ts a fegih!’ (ibid., 107). Aba Nu‘aym, Aba Hanifah’s student, said: ‘Muslims should pray to God for Abū Hanifah in their prayers, because the samiahs and the figh were preserved for them through him. Similarly, ‘Abdullah ibn Dawid al-Khuraybi said: ‘le is incumbent on the people of Islam to pray for Abo flanifah in their prayer, because he preserved the sanabs and ig^ for them." (Baghdadi, Ta?ri^, xin. 344)
Ibn al-Mubarak said: ‘If God had not rescued me through Abu Hanifah and Sufyan al-Thawri, ] would have been like the rest of the common people’ (ibid., 337; Dhahabi, zer, vi. 400). Makkt ibn Ibrahim, al-Bukhar?’s teacher, said: ‘Aba Ianifah was the most knowledgeable of his ume’ (Baghdadi, fa’neéé, xu. 345), Abu Mu‘awiyah ai Darir said: “| never saw anyone more feartul of God than Abdi flanifah, even on trial under the whip and through money and property’ (ibid., 359}. fle also said: ‘Love of Abt Hanifah is part of the Sunnah.” (Haytami, Khayrat, 114; Dhahabi, 55ar, vi. 401)
His fah
THE RUFAN SCHOOL OF FOH
Kufah was founded at the command of *Umar. More otf the Compan- tons settled there than in any eity except Makkah and Madinah, and among them were men of the highest seniority in Islam: ‘Abdullah ibn Mas‘ud, ‘Alf ibn Abi Talib, Sa*d ibn. Abr Waqgas, Fladhavfah ibn al-Yaman, “Ammar ibn Yasir, Aba Musa al-Ash‘ari and others. Of these, ‘Abdullah iho Mas%td and Alh ibn Abi Talib were the most influential in developing fig’ in Kufah.
“Ali ibn Ai Talib was the Prophets cousin and brought up under his care. fe had mare opportunities than many others to observe the Prophet's actions and hear his words. Also, as he said: "The Prophet used to tell me things whether | questioned him or not.” Moreover, ‘AIT was perceptive and intelligent to a degree acknowledged by all the Companions. Since most of his juristic judgments were made in Kufah (the capital curing his caliphate), its people acquired a great deal of his wav of understanding Quran and Sunnah as law.
7oUamudhi, snas, k. af Manáqip, b. 5T Har do: dai.
(2. ABU HANIFAIE
THE EMERGENCE OF ISLAMIC SCHOLARS
As the generation of Companions died out around the middle and later pact of the first century Au, their students, and then theirs in turn, cmerged as a distinct class within the community devoted to the preservation, transmission and understanding of the knowledge of the Companions. In Makkah, Madinah, Kufah, Basrah, Damascus, Iigypt, Yemen and other centres of Islamic learning, the scholars (Wawa) gathered, discussed and disseminated the materials used by themselves and subsequent generations of scholars to establish the developing corpus of Islamic law. In spite of civil wars and the emergence of schisms of both a religious and political nature, no one disputed the text of the Quran or its authority. But, as explained above, for the practical cffectiveness of the Quran, preservation and transmission of che Sunnah was indispensable. ‘he scholars who devoted their lives to that task became a focus of moral authority, distinct from, though not necessarily in opposition to, the power of the state, and its appointed governors and officers.
Travelling in search of knowledge is strongly urged in a number of the Prophet’s sayings. Some of the Companions undertook long journeys either to learn a adith, or to refresh their memories of it. Abi Ayyab, for instance, travelled from Madinah to Keypt just to refresh his memory of the wording of a bah that he — in thc company of ‘Ugqbah ibn ‘Amir — had learnt from the Prophet himself. Jabir ibn “Abdillah travelled for a whole month to hear confirmation from *Abdullah ibn Unays of a adith that he (Jabir) had already learnt through another person. Similarly, another Companion went from Madinah to Damascus just to hear from the lips of Abo |-Dard? himself a padit) that he had already received indirectly through an associate of Aba | Dard. The pilgrimage to Makkah is a religious obligation for all Muslims: the stops on the journey to Makkah, as
HIN Gat 55
*Alqamah and al-Aswad learnt from both “Abdullah ibn Masa and SAN ibn Abi Talis. Also, they travelled to Makkah and Madinah many times where they reccived knowledge from the jurists of those cities. Their teachers included “Umar, ‘l'thmén, “Vishah, ‘Abdullah thn ‘Abbas, “Abdullah ibn ‘Cmar and many other Companions. In this wav, the fgh developed by “Algamah and al-Aswad in Kufah conrained and reflected the knowledge of the major scholars of the Hijaz. "Alqamah was specially clase to ‘Abdullah ibn Mas‘td. ‘The fabiin used to say that *Alqamah was, of all his students, the. most hlc him in character and way of life,
Among students of *Alqamah and al-Aswad the most prominent were Lbrahim al Nakha4l, ‘Amir al Shatbt, and Abu Wil.
Ibrahim iba Yazid al-Nakha'i, the nephew ot *Alqamah and al Aswad, succeeded them as the principal teacher in Kufah. He nar- rated irom his uneles, from Masrūg, Rabit ibn Khuthavm, and other great sabian, Tic used to accompany his uncles on their journeys to the Aaramayn, It is reported that as a child he was even permitted to enter in the house of SVishah. l'or his extraordinary contribudon to knowledge of the law he earned the title of "fogib at Trdg’, During his time as head of the school, a short collection of gah rulings was compiled, based on Prophetic badiibs and the fatwas of “A and Ibn Mas‘td. Though nora systematic work, Ibráhim's pupils committed its contents to memory. Por his expertise in adab Ibrahim was called ‘iavrafi al-hadut® (assaycr of Duditis). On the day of his funeral, al Sha‘hi said: “You have buried che most expert in figs among all the people of the carth? He was asked: Was he greater in. 95 than Hasan al-Basri? Al Shafa replied: ‘Greater ihan Hasan, than the people of Basrah, than the people of Kufah, than the people of Sham, and chan the people of Hijaz’ ([stahani, Hija? a/-aedya?, iv. 220), Many of Ibrahtim's students became famous scholars; the best known of them were: Hammad ibn Abt Sulayman, Mansur ibn al- Mu'tamir, and al-l lakam ibn *Utaybah.
a ABU HANIEAH
Ibrahim died in 96 AH, He was succeeded by Hammad ibn Abi Sulayman. ‘Abd al-Malik ibn [yas al-Shaybani said: 'I asked. Ibrahim: To whom will we put questions after you? He replied: Hammad.’ A leading Kufan scholar, al-Mughirah, said: “We called on [brahim during his illness. He said to us: Stick close to Hammad; he has asked me about all thac the people have asked me’ (Dhahabi, 554r, v. 232). AUL*TiE sakl: '"Llammad was a rcliable Kufan and the greatest of all the students of Ibrahim in fa? (Dhahabi concurred with this assessment: tbid., 234). When Hammad died (120 AH), he was succeeded bv Jr best student, Abu Hanifah.
ABU! HANIFAH AND ‘THE KUFAN SCHOO.
Abu Hanifah was born and brought up in. Kufah. Therefore, in the style of Quranic recitation, in the details of the prayer-rite, and in other matters, he followed the practice of Kufah. He acquired knowl- edge of the figé that had evolved in Kufah from Hammad, whom he accompanied for cighteen years, and from other teachers he studied with. He brought to that knowledge an intelligence unequalled in his field for its clarity, rigour and organizing power. He knew from his extensive experience in trade, as well as from the scores of legal queries that were addressed to the scholars of Kufah, himself in particular, of the community’s need for a systematically argued and arranged body of laws. He knew also of the errors committed. bv jurists and judges in deciding the cases before them and answering legal questions.
The sheer multitude of transactions and relationships that had entered within the jurisdiction of Islam; the growing distance fram the generation of the senior Companions, on whose judgments one could justifiably depend because of the depth of their understanding of and commitment to [slam; and the growing volume of divergent (sometimes conflicting) legal opinions that. were circulating, along
UNTRODACGTION. 23
weil as the pilgrimage itself, provided many opportunities for scholars to visit and meet one another and exchange knowledge.
The example of the Companions deeply impressed the Succes sors, Who came to study with them. They too travelled extensively throughout the expanding Islamic world to gather knowledge ot as many Aaditis as possible and returned home like bees laden with honey to impart their precious store to crowds of other caper students, Makhal (d. 112) travelled through Egypt, Syria, lraq and the Hijaz, and gathered all the adits that he could from the Companions who still lived in those places. Al-Sha‘bt (d. 104) said, when asked how he had acquired knowledge at so many fads: “By hard, long travels, and great patience’. He used to say that if for the sake of only one word of wisdom anyone travelled from onc end of Syria to che corner of Yemen, he should consider his journey to have been worthwhile. Such journeys became increasingly popular.
These travelling scholars were mostly poor. A few of them were independently wealthy — among these few were Abd Hanifah, Layth ibn Safd, and *Abdullàh iba al-Mubàrak. The overwhelming majority depended. on their families to support them by sending monex. If they had difficulties in receiving money they would borrow, through their teachers, from some rich people and repay the loans when they could. They also supported themselves, as far as they could, by doing part time work, most typically copying. Many copyists' shops were owned and run bv scholars. As the demand for books grew with the increas- ing prosperity in the cities of the Islamic world, so too did che number and size ot the copying ‘factories’. Some of them employed as many as two hundred copyists. A copvist in the sccond century after Hijrah earned one-tenth of a dirham for copying a single page; by the follow- ing century, the rate had increased to one-fifth of a dirham. It was first of all the demand for copies of the Quran (and, later, of rhe Zadz//s of the Prophet) that led to the crafts of writing and binding books becoming well established in all the major cities of the Islamic world,
58. ABU HANITFEAE
were decided, through the legal queries submitted to it, by this con- sultative body. Its particular decisions and its methods of reasoning were communicated to every city in the Islamic world by the hun: dreds of students of the Kufan school appointed to judicial posts throughout the ‘Abbasid dominions, This school thus enjoyed. a quasi-official status in that it was regularly consulted by functionaries and agents of the state,
SOURCES AND PRINCIPLES OF ABU HANIFAH'S FIGH
The sources of f/g/ were alteady well known by Abu Hanifah's time in the practice of rhe leading experts who consistently justified their figh on the basis of Quran and Sunnah. Abi Hanifah was among the first to state these sources as such in explicit terms and in their strict hicrarchical relationship:
| hold to che Book of God, Exalred is Fe. Ir T do not nd [what ss sought] in it, then L kold to the Sunnah ot the Messenger of Gad, peace be upon him; if Tdo not find in the Book of God and the Sunnah of His Messenger, then 1 held to the opinion of the Companions. | hold co the opinion of whocver [ want among them and 1 leave the opimien of whoever [ want among them. | do not lease their opinion tor the opinion of other chan them. When it comes to [the Successors] Lhrihim, al-Sha‘bi, Ibn Strin, Hasan, ‘Ata’, Sa‘id ibn al-Musayvah (and he mentioned. other. people) then | do yvédd as they did. (Bayhdaen, Ta vies, xi, 368)
Iris not permissible for anyone ta voice his opinion in the presence ot [rc it there exists a ruling tn] the Book of God, or in the presence of the Sunnah of the Messenger of God, or the consensus of his Companions. [f the Companions differ then we choose from among their opinions what is closer co the Book of God, Exalted is He, or 10 the Suopah, and we do Pad. As to what is bevond that — application of 7/424 with z?)y (individual opinion) fis permissible] For one who is knowledgeable about ditterences of opinions and ner (analogs). (tlavtami, K/gyrat, 95)
HIS piali 89
Abū Hanifah was concerned to distinguish abrogating and abrogated dads. [le followed a adi) when it was proven to him to be from the Prophet and his Companions. Tle was knowledgeable about the edits of the people of Kufah and their figs, and keen to continue their practice. fle used to say: “There are abrogating aad abrogated fverses| in the Book of God; there are abrovating and abrogated [statements] in the adith? Vrom all the reports that reached his civ Abu Hanitah. knew bv heart the last practice. (unab) ot the Messenget of God on which he died. (ibid., 97)
It is quite clear from the sources that, for Abu Hanitah, juristic iibad (exercise of conscience and. reason) entered among the sources of the law only atter the Quran and Sunnah and ga‘, the consensus of the Companions, had been exhausted. Such shad was subject to conditions expressed in the terms gryar, 2275658 (preference between permissible rulinis?, and. 72).
THE QURAN AND SUNNAH, AND 17A. 4*
On the basis of the Qur'an itself (4; 59; 55: 14, Abu Hanitah under- stood the Sunnah as a complementary source for the law. Neverthe less, the Qur'an has absolute primacy because, in the first place, its text is so firm in its authenticity as to leave no room for doubt. He rejected the abrogation of anv verse of the Quran by an isolated report of the Sunnah. In case such a report appeared to contradict the Quran, he would, wherever possible, reconcile any difference between them. Far example, the Quran (F3: 20) commands: ‘Recite whatever is casy ot the Quran’. There is a Prophetic Aadith which savs: “There is no prayer for the one who does not recite a/-Patihab While some may have understood the Aadi#/ as narrowing the meaning of the
Bukhari, alib, k. of Nalab b. Wgio acqirasah TYANG WAB INAH Ñ iiilawa Aesth.
60 — ABÜ HANIEAEH
Quranic verse so that its command was taken to mean ‘Recite the lutthad’, Abu Hanifah reconciled the two by putting recitation of verses of the Quran in the prayer in the highest category of obligation (ard), and recitation ot a/-Paibah in a lesser category (wah). If unable to reconcile Quran and adith, he would teave the latter for the former. Hasan ibn $ālih ibn Ilavy, à contemporary from among the Kufan a^ al-hadith, affirmed that Aba Hanifah would never turn away from a hadith i£ Ms relauon to the Prophet was sound (sa/u/) (Ibn *Abd al- Barr, Intiqa’, 198-9). But what did he mean by a sound dadithe
The now established definition of. sabib as a technical term was not established in Aba Hanitah’s rime but around one century after his death when al-Bukhari’s Sai/ and other, cven later, collections of sound Aadifhs were compiled. 1t 1$ not sensible to criticize or justity Abü Hanifah's approach in reference to terms and criteria developed after his death, It is more useful to understand his handling of Aadith in relation to that of his contemporaries like Sufyan al-Thawri in Kufah, Mahk in Madinah, and al-Awza in Syria,
Many dadiths have reached the community through different lines (anad of reliable narrators going all the way back to the Prophet him- self. These types of Jadith are divided into owo categories: mxtawatir (narrated by many from many) and masbdar (well-known, established}, the two being, from the viewpoint of their legal weight, of cqual merit. On the basis of such Aadiths, according to Abu LHanifah, words of the Quran whose import is general can be applied specifically, or the other way round, On this point all thc scholars, specialists in. A42 and/or adith, are in agreement. However, a great many /adiths, known through a single line of narrators, did not reach the rank of matavatir or mashhar, With these Aaditis, termed dhad or &habar al-wahid, it was necessary to be careful and check the dwad thoroughly. They could then be graded, depending on the qualities of the zad and the narrators in it, fram the highest (‘sound’) to the lowest (‘fabricated’), with those in between ranked in various grades of ‘weak’.
HIS FIGIT Gl
The number of narrators between Abu Hanifah and the Prophet are mostly two, three, or four: all his teachers are Successors narrating directly trom a Companion or from an older Successor. Because ot this highness of his imd, tt was relatively easy for Abu Hanifah to know the quality of a Pad. For later generations, however, as thc number of intermediary narrators increased, the testing procedures had to be tougher. That is why we find some dadiths classed as ‘weak’ by later badith specialists that had been regarded by the carly jurists as sound’. An example of this is the adith mursal, that is, a Prophetic hadith narrated from a Successor without explicit mennon of the linking authority (Le. a Companion) between that Successor and the Prophet. To Abu Hanitah the absence of this link did not, by itself, make a f#adith weak. The Successors who narrated directly trom the Prophet were, in most cases, Abu Hanifah’s teachers of teachers of his teachers, and he knew from their practice that they never attributed a hadith to the Prophet unless sure that it was from him. In instances where a Successor who was a teacher of Abū Hanifah, or one above him, did this, Aba Hanitah did not class his adith as weak just because of the missing link. We know from reliable reports from many Suc- cessors that their consistent practice was to say ‘the Prophet said when they heard the adith trom more than one narrator, and to name the narrator if they had heard jt from only one individual.
Like most of the leading scholars of his time (Malik, Layth, al- Awyad, Sufyan al-Thawri and others}, Abū Hanifah held that a marsal hadith can be sound. Al-Shafitt (d. 204) was the tirst. to divide the mursal into two Categories: those narrated by an older Successor like Said ibn Musayyab, and those narrated by a younger successor like al- Zuhri. Al-Shafi$ accepted the former as authentic, but not the latter because younger Successors often narrated from another Successor and so it was noc certain if the missing link is a Companion or a Successor. Lfadith specialists of the later period, like al-Bukhari and others, dxl not accept the mirsa/ at all.
[Ma TRAH TTT 15
THE ROLL OF SCHOLARS AS JUDGUS AND JURISCONSULTS
Bor answers to questions about what was right and lawful in Islam, the people referred to the known scholars of their time and locality, while in their disputes they would reter to the local pudges (aacis}. “The doman of responsa or tatwas was known as 4, and trhat of litigation as gada’ These two domains overlapped smoothly toc the most part. Gada was the mare regulated ot the (vo, because the. governors would not appoint (and pay) someone as a judge unless his reputation for knowledge of the law and his piety were sufficient to make his decisions acceptable. The judges dispensed justice in public courts, and their verdicts were eafarced bv rhe police (anat. Such verdices were considered as binding. Een in those cases where there might be difference ot opinion, once the judge bad, far his reasons, piven his verdict. all scholars agreed that i must be accepted. Governors faced many difticultics in vetting the best-known and most pious scholars tu serve as judges. Aba IH Ianitah refused such a post more than once; his refusals caused him many problems, and eventually his life.
For complicated issues, the judges would consult other well- known scholars, or call a meeting of jurists in the court or ai their houses, and there debate the problem. In rhe early period almosr all judwes were established) teachers with a large number of students calling on them. This teaching acuvity enabled their verdicts to pass quickly, wa the students who recorded them, to other scholars ane judges. [n this way, there was both much lively discussion and prompt rectification of mistaken judgements,
Legal procedure tor adversaria] cases, rules of evidence, binding verdicts, and state enforcement, fell within the domain of gada’ By contrast, the discussion and judgements of points of law within the domain of ZA£7 were and remained always non binding. The muttis (urisconsults) generally held themselves aloof from the stare, bur not
FS PEE 03
those of rhe other, because they were the more expert in fel. (Sec Shibli, aA Nur tava, TT)
PREFERENCE BETWEEN HADITH AND OIYAY
One groap of Hanatfis, like Abà L1asan al-Ilkarkht (d. 340), hold thar in the fah ot Abu lHanifah, a. duwdizh 1$ preferred. over qàg uncondinion- ally. Another group savs that a #adfé is preferred only on certain conditions, such as the narrator being a qurist. One can readily tind in Hanati fagh examples of both — preference ot fadith aver gods and vice versa. Among the obvious examples of preterence of a abar al-wahid over ajas is, following the saith of Abü l*Álivah, che invalidation of praver and jer? IE the one praving bursts inte laughter. Among the examples af leaving a Aédiwr abeabidd when it i against the rules of gia as the dadith trom Abd Tlurayrah thar the Prophet said: “Don’t keep camels and sheep unmilked for a long time. Whoever has bought such an animal can milk it and then either keep it or return it te the owner je. cancel the purchase] with a aa% of dates [in compensation for the milk |." Abu Hanifah did not regard Aral, keeping an animal unmilked, às à fault that should necessarily invalidate the contract of sale of that animal. Nevertheless, he did give the buyer che tight to renegotiate the price tn fight of possible wilful deceprion as to rhe welght of the animal.
Though i! may appear 80, there 1s no inconsistency in tact an Abū Hanitah’s practice. As che examples above illustrate, hc disunguished issues related to the rites of worship (“hadai from. those not. so related. In the. dat, he adhered firmly to the texts of Quran and Sunnah. In his view, the details of the rites of worship are not susceptible to. vartation by reasoning, hence there is no question of
qiias. By contrast, for everyday affairs such as contracts, the details of
ê Bukhari, hri, k. e Bari’, De ate INuby d ba NS un di KAHANAN
54 ABL ETANIEAH
the law are susceptible to rational tests of utility or equity and the like, Accordingly, for such issues, he used gias and preferred it above an abad report unless that report came from a narrator whe was a jurist.
YMA AND QIYAS
Ima* (consensus) referred originally to the consensus of the Compan- ions Of the Prophet, then by extension to the consensus of qualified legal scholars of a given generation. Its relevance as a source of law is ultimately based upon Quran and Sunnah. The Quran (a4 Nusa, 4: 115} says: “And whoever opposes the Messenger after che guidance has been manifested to him, and follows other than the believers’ way, We appoint tor him that to which he himself has turned, and expose him to hell — a wretched journey’s end. The Prophet said: ‘My people will never all agree upon error. ‘The example of gd most often cited hy the experts of jurisprudence is the consensus of the Companions on thc selection of Aba Bakr as caliph and, after him, of ‘Umar, Another example is related to the so-called ‘prohibited degrees’ in marriage. The Quran forbids a man to marry two sisters at the same timc. On the basis of a single Aadit) narrated by Abit Iurayrah, the Companions were unanimous that that prohibition extends to the woman's maternal and paternal aunts.
Qiyas
The use of gias (urise analogy) to derive appropriate [egal rulings entails had. The legitimacy of such effort to interpret and extend the law is, again, based on Qur'àn and Sunnah. The following Aad ts often quoted:
On the appointineni: o£. Nufadh ihn Jabal as a judye and governor [to the people| of Yemen, the Prophet asked him: ‘According to what wall you judge?’
lba Aiijah, Fanan, k. al-l Wan, b. ab Sansu! aba oam. ] t 3 a!
lé ABU FLANIFAH
absolutely or universally. Some were persuaded to serve in the judicial administration, and the activity of giving fatwas acquired a public and official character. In Umayyad times (41-133} some muftis served as consultants to gadis and also issued fatwas at the request of provincial govetnors and sometimes at the request of the office of the caliphate in Damascus. SaSd ibn al-Musayyab, the great imam of Madinah, and later Ibn Shihab al-Zuhri, received many such requests. These great scholars, in several instances, criticized the political establishment quite forcefully, and did so without fear, despite being threatened with death. It is not surprising, in view of the increasing importance of ig’ as a soutce of religious legitimacy, that state governments sought to establish a measure of control over it. They mostly failed becausc those scholars who were qualified to give fatwas, understood very well the gravity of doing so, and feared having to answer for their judgements in the hereafter. Imam Malik, for example, famously said: ‘I did not sit for giving fatwàs until seventy people from among my teachers swore to me that I was qualified’ (al-Nawawi, Adab al-mafli, 32).
It is therefore broadly correct to say that the role of the mufti was independent of the state, and barely institutionalized at all. The scholars who served the people in this way in the early centuries of Islam operated privately and without ties to the political authorities. ven in later centuries, when senior scholars in some cities did accept salaried appointment to do this work, they did so because it was, at the time, in the greater intcrest of the society that they served the state than that they did not. The significance of their work whether private or public rested on the high degree of moral authority carried by their opinions. It is important to note that fatwas, typically concerned with the more practical aspects of the law, were diverse in format and content, and reflected the individual style of the mufti and his level of juristic knowledge and proficiency. More particularly, in the later period, it is fairly common to find fatwas referred to earlier farwas as their legal authority, rather than to the primary sources with
66 ABU HANIFAI
lasi or magis ‘alayh, For which (2} there is an established rule in the texts (Auka alash; (3) the new or comparable situation tor which a ruling is sought. (far or agis, and (4) the “ab (ratio fers), the legal ground on which the original ruling is based.
lor an analogy to be valid, it must, according to. Abu Tianifah, meet the Following conditions:
First condition. The “tab of the original case should be susceptible of rational understanding and explanation. If it is not, there is no pos- sibility of excending the ruling to à new situanon because the analogy cannot be rationally justified.
frxample 7. Normally the abluuen necessary before prayer and other acts of worship is donc with clean water. But what i£ the water is mixed with. something? *Abdullah ibn Mas'ud narrated. this. Padiir ‘On the night when the jinn listened to the Quran, the Prophet said [to me]: What is in your water bag? | said: | have some sab. The Prophet said: Nadidh is wholesome dates and clean water.” By referring to this abidh as ‘clean water’, the Prophet made its use for ablution permissible. Abū Hanifah ruled accordingly. However, the legal ground for permitting that vabidh is not clear to common sense; the general common sense position remains that, if mixed with something, water is not fit for doing zada’. Abū Hanifah therefore took the view that the Prophet’s permission ro use sabtdh tor ablution could not be safely extended cither to a zabidh other than the one (containing “wholesome dates’) mentioned by the Prophet, nor to other kinds of liquid.
I:xample 2. On the basis ot a edit, in the event that a worshipper laughs out loud during the prayer, the prayer and the abluuon preced- ing it hecome void, and both muse be done again properly, One can understand. that laughing out loud would void the prayer; it i$ not immediately clear why it should void the ablurion alse. It is therefore
9 s TX . (Li ei: rias der a Abd Dawid, Susan, ke a? Padsdrat, b. af Wudi bi-i-nabhidih.
CN TRODLCTION 67
fresh argument from the latter. ‘This is, as we shall see, a practice that Abu Hanifah anticipated and disapproved: he did not permit students to citc him as their authority unless they knew his argument, which entailed their knowing his sources and understanding his reasoning with them.
As the corpus of substantive law and jurisprudence grew, accru- ing multiple levels of commentary and. authoritative summaries, the accumulation of fanwas issued in diverse social and historical contexts, served, no less than the verdicts of gadis, to stimulate the evolution and adaptation of the law to meee the need of Muslim communities in different locales and epochs. Distinet schools of law gradually became settled, drawing on the habirs of reasoning of their founders, but wath set texts and curricula and a quality of formalism that the founders can scarcely have imagined, sill less sanctioned. For various historical rcasuns that cannot be entered into here, some schools, despite being widespread and popular at one time, ceased to be followed. Among the orthodox Sunni community (roughly ninety percent of all Afuslims}, four schools have survived to the present dav, of which the most popular is named atter Abū Elantfah,
‘OURAN AND SUNNALP: A CLARIFICATION
Betote 1 go on to give an account of Aba Elanifah’s fife and his contribution to. the evolution. o£ Islamic. law, a clarification of. the phrase “Quran and Sunnah’ is necessary. The joining of the terms with a simple “and? is jusuticed by the common Quranic expression rod and His Messenger’, usually found after the imperatives ‘obey’ at ‘love’, However, the pairing of the pve does not signify any kind or degree of parity benveen them. For Muslims, the Qur’an is without doubt the Book of God, and the Sunnah is without doubt chat Book ‘opened our into this world, ideally practised and embodied, That said, the two have never been confounded in che Islamic traclicion. For Sluslims, only the Qur'an holds the degree of awe and majesty
68 — ABU HANIEAHN
Lourth condition À ruling derived by juristic analogy must nor neces- sitate any change in a ruling established in the texts or in the form of that ruling in those texts. If it does, the analogy ts invalid.
Fxarpie. lf water is not available or, for some special (usually medical} reason, water cannot be used for ablution, then fayammum is permissible. For Auyemmii to be vabd, che believer must have a clear intention in mind as to what he ts doing. The necessity of intention is derived from the Quranic verse (4: 43) fa-tayammamh satdan fayyiban’. But the principle that prior intention is obligatory cannot be extended to wade? itselt because the rclevant Quranic verse (5, 4) is tree of any such condition. To add such a condition to idi, even LE it seems reasonable or desirable, is not permissible, as it amounts to a will te amend the Quranic text.
Diib conditio The Wah on which the original uling is based should not be closely bound to the original situation. 1f that is casc, the “Wah cannot be generalized and analogical extension of the ruling to a similar situation 15 unsafe.
Tinampi. Vhe longer pravets (of gahr, Sarr, sha?) are halved when one is travelling. As Abü Hanifah understood the relevant adis, this relaxation of the normal practice is conditional upon travelling. It is not conditional on, for example, being in dithculty or under stress, but on being (according to Abd Hanifah) at a certain distance from one’s home and en route for some other place. Therefore, the halving of pravers cannot be extended to other situations through analogical reasoning,
Many scholars (among contemporaries and afterwards} misunder- stood Aba Hanifah’s application of gaas simply because they failed to study and understand his methods of reasoning. In fact, he was very rigorous in following the conditions he set out, and detested gear not subject to strict rules and reasoning. Ele chose giras when he had exhausted the resources of Quran and Sunnah known to him. Fudayl ibn “lyad said: ‘lf there was a sound Zedih for the case, Abū Hanifah
HIS JOH t"
would follow i even if i was |a saving or practice) of the Compan- ions oy the Successors. Otherwise, he applied analogy and he was vood in analogy’ (Haytami, Khaya, 95). Iba Ham said: “AH the students of Abū Hanifah are unanimous that to Abū Hanifah [even] the weak paditi was preferable to gias? (bid., 98)
Abū Hanifah is credited with developing gras into a well-ordered discipline. Because of the subtlety and refinement of analogy in his Fot, al Muzani, the famous student of al-Shaft4, spent sa much time study- ing the Hanafis’ books that his nephew al-Tahawi thought he must have adopted the madhbab of Abu Hanmfah. abi, 96)
IS TTHS AN
Fian Witerally means to seek something preferable. As a term of foh t means to reject an obvious analogy in favour of ong less obvious because implementing the former would lcad to some rigidity or un- tairness that undermines the beneficent purpose of the law as a whole. Its rationale is best understood through a concrete example.
Consider the question: are the leftovers of birds of prev like talcons and cagles, palal or baram? The obvious analogy. i$ with the leftovers Of beasts of prev like ions and wolves, which ate Aaram. lhat ruling is based on the tact that the flesh of carmvorous animals such as lions and wolves is itself Zorn» — when they cat the flesh of an animal, their saliva and other bodily fluids mux with the flesh they are cating, thus rendering that flesh also Haram. However, birds ot prey cat with their beaks, and the beak is dry, not wee. Though a corpse is impure in general, the bone of the corpse is not: chat being so, how can the bone of a living creature be impure? In this case its leftover should be regarded as pure, like the leftover of à human being.
Abü Hanifah was an expert in the matter of 272/585. lhc followers of Malik and Ahmad ihn Hanbal also accept ¿ihsan as a resort when gijas leads to what contradicts the wisdom of the law. Malik says:
7i — ABU LEANIE AT
"Istibsan 1$ nine ot the ten parts of knowledge’. The famous Maliki scholar Ashagh says: ‘Sometimes &tésda is more likely [to be righe] than gies.’ By contrast, al-Shafi't has been quoted as saying: “Whoever does irfihsan, he is as one who has set himself as lawmaker’ (Zuhavii, Uil. al-figb, 0. V7. However, al-Shafi's rejection of iraba is only of that kind where no argumenration is presented, where the preterence is merely personal or merely expedient and far removed trom any commitment ta decide by Qur'an and Sunnah.
CHARACTERISTICS OF ABU LIANTFAA’S FIQH
[n broad terms, figé is characterized by # tendency to allow whatever can be allowed, and where a choice ts possible, to choose the ruling that favours the poor and weak members of society. [his IS a general feature of the law, common to all jurists of all schools. The claim that one school is better than another in this respect is casy to contradict. In my view, what distinguishes the Hanafi school is not whether it is more or less ‘easy’, but its particular historical development and the quality and pattern ot reasoning associated with it, With that in mind, I suggest that the following are the main characteristics of Hanati figs:
Fhe Kujan backoronnd
As we saw earlier, the Hanafi school evolved from the school in Iufah, as the Málikt school evolved in Madinah. Al-ShatiS ‘inherited’ the school of Makkah, then added into it from the knowledge of both Madinah ancl Kufah, and was later profoundly influenced by the hadith movement of Irag. The Hanbali school is really the school of ahi al-baditb, which developed in the later half of the second century AH in Basrah, and was subsequently strengthened by Ahmad ibn Hanbal, after whom it is named.
Abü flanifah inherited. the. school of Kufah. In the rituals of praver, the daily business of life and juristic procedure he tollows the
UIS HQH TI
tradition of his city, relying implicitly on his teacher Hammad ibn Abi Sulayman and his teacher, [brahim al-Nakha‘l. He hardly ever departs from the tradiuen of his city to the opinions of jurists of other cities. If we collect Aba Hanitah’s differences trom the latter, we can see clearly that he did not invent his rulings, rather he followed the practice of his city. For example, when he says that judi? is broken by emission of blood or by laughing out loudly in the praver, or by falling unconscious, he is not inventing but continuing the established way in Kufah. Stmilarly, he did not initiate the ruling that the one following in praver should not recite from the Qur'an behind the one leading it (i.e. the Imam); or that che hands are raised in the prayer only at rhe first dabu akbar, ox that the dbismiliah is not said aloud, nor the Awen after recitation of the Patibab; or that the way women raise their hands or sit or prostrate during prayer should be somewhat different from the way for men — in these and similar matters he did not invent but continued on the way of his predecessors, Attributing these and similar rulings directly to Aba Hanifah is wrong, tor these were practices common and established before his time in Kufah and indeed other cities.
Supremacy of the Chur anie fext: following the Qur'an, not hadith
In principle all jurists believe in the supremacy of the Quran as the primary source of the law, More particularly, as was explained carlicr, Abu Hanifah rejected any modification of a Quranic ruling on the basis of dhdd Aadiths or giyas. Al-ShahS and many other jurists did allow, on the basis of such adiths or gayds, that, for example, what is general in the Que’an could be made particular, what is particular made general. ‘Abd Hanifah did not allow that. Here are some examples:
(1) The Quran includes wet-nurses among the women it is forbidden to marry. But there is a adith that one or two occasions of breast-feeding de net establish a reladenship comparable to a mother— child relationship. If one actis on this dadith, the Quranic ruling loses
72. ARU HANIFAH
its generality; doing so has the consequence that the restrictions on being in close contact with women one is permitted to marry apply. Abū Hanifah, holding io the Quran's command in its absolute generality, rules chat marriage to a wet-nurse 15 forbidden whether she breast-fed the person just once or many times over a long period.
(2) Mosc jurists rule according to the adiis ‘Any woman who marries without the permission of her guardian, her marriage 1$ void." Abü Hanifah holds that neither the consent nor presence of the guardian (although desirable) is necessary for the marriape to be valid. In this ruling he adheres co the implication of the Quranic verse (a-Bagarah, 2: 232), which envisages that women can be agents of their marriage contracts: "When vou divorce women, and they reach their waiting period, do not prevent them from marrying their husbands."
(3) When a woman is divorced she must wait tor à certain period (the ‘ddeb) betore re-marriage is pecmissible. The Quràn clearly rules that the woman's accommodation. and mainrenance expenses during the Sddah are the busband’s responsibility. However, in a well-known dadith narrated by Fātimah bint Qavs, the Prophet indicated, in the particular circumstances of her husband’s divorcing her, that he need not provide support for Vatumah., Unlike other jurists who sought to act on the Jad#4 in some circumstances and by the Quranic ruling in others, Aba Hanifah held that the Quramic ruling is applicable generally."
pemudhi, Nuwar, k. al-Nikah, bo Ate pala fa nikahaha Silla Diah.
"The different juristic positions formulated in respect of the fad} ot Patimah bint Qavs are set out, with ceferences, in M.A. Nadwi, a Madaddithat, Tabic 1, n. 31. The bad itself can be read in, cg, Mushim, Sa/ib, k. va ulaq. b. az AMufellagab Uulafban fa nafaquia ja-ba.
2) AWC! HANIFAH
to prefer one hadith to another. The only reliable route to such ‘pudge- ment on balance’ was, again, to find the argument closest to the general principles, spirit and temperament of ‘the Quran and Sunnah’.
Over the centuries, expertise in Aadith and figh have tended to deft apart, perhaps never more so than in the present ume. Also, piety and righteousness, the essential qualifications of an Islamic scholar, have receded from the public domain or lost their authority in it. Insofar as this essay may be said to have a message for the present it is this: for the law to be effective in Muslim societies, its guardians and prac- titioners need to recover both the intellectual ability, and the moral authority, to understand the Qur’4n and Sunnah as a whole, and not just in their parts. The merit of professionalism in any sphere of life is that it makes particular tasks more efficient, often raising the standard of performance. The danger of it ts that the professionals are often constrained by their position in the team and by the standards and rules of procedure set down for them, and so unwilling or unable to go back to first principles and test, against those principles, their work and that of the team as a whole. The gain in efficiency is at the price of a loss in moral agency — the choosing what to do and how to do it, and taking responsibility, not just for the execution of particular allotted tasks, but for the whole outcome of which those tasks ate a part. Abū Elanifah was not a Hanafi, sull less a professional Hanafi jurist, in this narrow sense: he lived too early in che history of Islamic law for that. Rather, he combined great intellectual gifts and piety with almost unfailing ability co remain attuned to Quran and Sunnah, to keep them in mind in every question of detail that was put before him. With the faculties and opportunities that God gave him, he took full responsibility for his thoughts, ideas and actions on behalf of Quran and Sunnah: his contemporaries and peers (some crude polemicists aside), and generations of Muslims ever since, have revered him for preserving the way of the Prophet and preventing the erosion of its role as the controlling ethos of Islamic society.
74. ABU HANĪFAJI
to extend rulings from one context to an analogous one, see above, pp. 66-67. He was firmly convinced that the rcasoning behind the details of worship being as they are cannoc be known or understood with sufficient certainty to justify gipas.
In matters not connected to the rites: following reason, not hadith
[n matters disconnected from “badaz, Abū Hanifah preferred properly reasoned analogy over apad hadiths where doing so better served the broad principles of the law and the benefit of individuals and society. For example, he did not rule according to the Padi) that no. gae (alms-tax) is due from a Muslim on his horses’.’* He argued that it is known from the general principles of the law that gatah is duc on any wealth that increases. Accordingly, if onc owns horses and there are malc and female among them and they mostly graze in the open, they arc liable to zakdh just like other livestock. There is no reason to exempt horses. He follows the Jadith allowing such exemption only for horses kept for personal use.
Another example: On the basis of the Jadi/5, ' You and your wealth belong to yout father’, ™ some jurists held that a father can take from his son's property without permission, Abū Hanifah again upholds the general legal principle that rights of property must be honoured. No one, including the father, may take from another's property or wealth without permission. Abà IJanifah interprets the adith as conditional on need: only if the father is poor may he spend from his son's wealth; otherwise, he must return whatever he takes from it.
Hits preference for reports narrated by jurists
Where it was necessary to choose, Abu llanifah preferred a report narrated by a jurist over one narrated by a non-jurist. There is, for
i“ Bukhari, abib, k. af Zakah, b. Loysi Sala Lmuslim fi farast-bi sadagah. P? Tbn Majah, Sener, k. af Tiara, b. Ma d-frapied mir pal waladi-5.
NAMI AND ANCESTRY
The &wryab by which. Abà Hanifah is known i$ a mystery, We do not have information abour any descendant of his named “Hanifah”, It ts possible thar a daughter named Hanitah died so early in infancy that people did not menuon her. lt is also possible that someone made up the &nyab on an occasion when 1t seemed appropriate and thereafter it just stuck and became accepted usage.
Abt Hanitah’s proper name — al-Nu‘man thn Thabit iba Zara ibn Mah al ‘Vaymi - makes it clear thar his ancestors were non Aral. His grandson, Tomar thn Hammad, states that he (Aba Hanifah) was a son of Thabiu, the son of Zura ibn Mäh trom Kabul, who was owned by Banda Taymullah ibn Tha‘labah (a clan of Rabittah, a branch of the major tribe Bakr ibn Wal}. Vhen this Zora ibn Mah embraced Islam and was freed; Thabit was born a. Muslim. 1sma^l, another grandson of Abu Hanifah, suid: ‘I am Isma‘it ibn Hammad thn Nu‘man thn ‘Thabit ibn Nu'màn ibn Marzuban. We come from Persia and have never been ta any slavery’ (Baphdadi, fa?v&s, xt. 326}. Because Ismail held che post of judge in Basrah and was a highly reliable, respected figure, later scholars have generally preferred his version, However, we should be
76 — ABU HANITAH
opinion or judgement rather than the Sunnah, which was preserved in the fadith of the Prophet and the afar of the Companions. In the previous chapter J recorded some instances where an eminent scholar, who had held a negative opinion of Abu Hanifah, revised that opinion when he got 10 know the work or the man better. It is indeed the case that the criticisms of Abü Hanifah's fgh are based upon lack of infor- mation or misinformation about him or ‘the people of Iraq’ generally. Nevertheless, it is worthwhile to reflect on the fact of criticism because it helps one ta appreciate more fully the nature of Aba Hanifah’s achievement. We must begin by differentiaung the disciplines of sadith and fah.
Already by the ume of Aba Hanifah, that is the generation of the students of the Successors, the disciplines of fadith and figh were differentiated. Even in the generation of the Companions, the number af people relied upon for fgh and jihad was fewer than 120, while thousands were relied on fot transmission of Aadiths. ‘The same pro- portion, with greatly increased numbers, obtained in larer generations. The reason ts that reliable transmission of a report demands ability to preserve it accurately in memory or writing, then to transmit and pass it on without amendment or alteration. The effort to do stad, on the other hand, demands expertise in Arabic, the language of the source texts (Quran and Aadiths), the abiliry to bring to bear on an issue the relevant, different texts and to sift their juristic implications, to recon- cile apparent differences among them, while at the same time under- standing the purposes and principles expressed in the sources at a level of generality sufficient to enable application in different circumstances. There were some highly talented individuals whose abilities encom passed accurate, comprehensive preservation and transmission of badiths, and the understanding of these texts as law (faf) [ven so, there was a division of emphasis, of tendency, reflecting a ditfercnt understanding of what it was best, at that time, to do in thc interest of preserving the religion.
HIS HEH — 77
Some sensed danger in circulating Agdiths whose context had not been fully or accurately remembered and whose implications were therefore not always evident. The danger was that one risked extending the authority of the Prophet's teachíng and example to some attitude or practice which, because not properly understood, was inconsistent with some other attitude or practice, or which led to behaviour that, overall, was taking people away from the Sunnah. On the other side, people sensed danger in deriving from the #edifis laws and legal principles that were not directly and explicitly expressed in that way in the Aadihs themselves. The danger was that one risked adding some- thing to or making some alteration in the religion as revealed.
[or this reason we find that, among the trst three generations of Islam, those whose expertise was more on the side of Aadith did do itihad but only reluctandy, as little as possible, and very tentatively. On the other hand, those whose expertise inclined more to figs alsa narrated sadiths, but did so as little as possible, tentatively, fearful of, as it were, putting words in the Prophets mouth. Abū ‘Amr al- Shaybani said: ‘lL sat before “Abdullah ibn Mas‘ad for a whole vear. [During that time] he did not say: “The Messenger of God says”. If he said, “the Messenger of God said”, he would tremble, always adding |such phrases as] “tike this”? or “like that” or “elose to that”? ‘Abdullah ibn Mas‘ud preferred giving a fatwa with his ra?y to narration of Padi. (al-Darimi, 5ssan, Preface, 1, 88-9)
Towards the end of the generation of the Companions schisms and sects arose, partly in connection with political divisions among the Muslims, partly in connection with the influence of newcomers to the religion. These sects were mostly found in Iraq, in Kufah and Basrah particularly. Their adherents began to interpret the Quran in order to bolster support for their doctrines. The Companions criticized them, making it clear chat che reason for the error of their doctrines was their rejection of the Sunnah and their reliance, instead, on their own opinion (m) After the generation of the Companion these
“h ABU HANIEALH
sects went even further in rejecting the Sunnah, ‘Those Muslims who adhered to Quran and Sunnah regarded relance upon opinion in matters of faith and religion as utterly reprehensible, “The Companions and their students {the Successors} only resorted to ry in the absence of an appropriate ruling in the Quran, or in the reliably reported Sunnah of the Prophet or in the judgments of the first four caliphs. Then, when they used their own reasoning to reach a judgement, they did it in a principled way, adhering closely io che rules of the language and the fundamentals of the religion.
We may conclude then that, at the ume of the Successors and their students, there were two kinds of ra’y being practised: thc 77^ of the jurists, which was dependent on the Quran and Sunnah and the fundamentals of the religion; and. the 77; of dc schismatics who observed no such limits, indeed sought to change the fundamentals of the rcligion. The judgements of the fatter were not immediately recognizable as belonging in or with the language and spirit of Islam, the judgements of the former were. A further distinction needs to made, however: among the jurists who practised ea’y some turned to it readily, some celuctandy, That, in broad terms, is the distinction between the Madinan and the Kutan schools of job of this carly period. Although some Madinan scholars (for example, Rabitat al- Ræv the famous teacher of Malik ibn Anas} used ra?) extensively, most sought to avoid it when they could, and they made 3 poinc ot not discussing hypothetical cases. In Kufah, by contrast, the jurists had been using zey since the time of ‘Abdullah ibn Mastūd. Also thev made a point of discussing hypothetical cases, which enabled them to test principles and procedures, and trained chem to apply them consistenthv, The work otf Abü Hamtah carnied this Kutan tradition to It maturity,
lt is not hard to imagine — i£ the general lepal principles and particular points of law that Abo Hanitah expounded were reported at second hand tn Madinah or Damascus, and reported separately
EROOABU PENI AL:
aware that *Umar ibn ETammad's version of his ancestry is by no means improbable. In. the early period of Islam several of the most revered authorities in adib and fub were Former slaves or their descendants tor example “Ikamah id, 104), ‘Vawus al-Yamāni sd. 106), Hasan al-Basri (d. 110), Muhammad ibn Sirin (d. 110), Makhbül (d. az 170), An? iba Abi Rabáh (d. 1145, and Naft (d. 117).
Israil gives the name of Aba Hanitah’s prandfather as Nu‘man, and of his preat-prandfarher as Marzuban, instead otf the much com- moner Zütà and Mah. Probably “Aaa? became "INufmàan! when he became a Muslim. “Mah” and *"Marzubàán! are. honotifics. rather. than personal names. Züta's father was called "Marzubán', meaning “noble of the town; "Mah! means 'yreac, This indicates that his family enjoyed respect and prestige in their cty of ongin. What that city was we cannot know with contidence: different sources supgest ditterent places. It ts reasonably certain that the family was of Persian origin. Persia (Iran), since the time of *Umar, had been under Islamic rule, and Islam spread there as in other parts of the newly conquered. territories; After. Züta embraced Islam he migrated to and settled in Kufah, which the then caliph, SAN, had made his capital.
According to Arab custom, the strangers needed to establish an alliance with one of the local ceibes. lor that reason, we assume thar fata may have allied himselt with the Bant Tavmullah, a strong clan settled in Kufah. This kind of alliance in Arabic is referred to as. svÀ77, from which is derived the word wanda, which can mean ‘slave’ as well as ‘Freedman’ or tally’. The word wania may have given rse to the notion that Zota had been a slave, which Isma‘if, Abu Hanitah’s vrand- son, found it necessary to clarity by rejecting chat his tamily had ever been enslaved.
lhabit, AbG flanifah's father, was born 10. Kutah. Züta brought him te Al, who prayed tor him and his descendants (Dhahbabi, Siar vi, 393). Nothing is known of Thabit, except that he was à prosperous silk merchant, the owner of a successtul shop in Kufah.
sO) ABÜ HANIFAH
(d. 256) and Muslim (d. 261): neither the methodology used, nor the corpus of authenticated hadith texts, changed significantly after this. Both of these men were fully aware of their debt to their predecessors, teachers whose work they carried toward perfection. Those teachers in turn had their masters in the generation of Abū Hanifah. Fhe Sasi, al-Bukhārts great compilation of Aadiés, is arranged and organized as an expression of his fgh, as his chapter-tittes famously make clear. Nevertheless, it is the work of a Jadah expert, a; unbaddith, not a fagih. His criticisms of Abu Hanifah fall of them are misplaced} are the criticisms o£ a Padi? expert on the work of a fagih.
The great masters of Paduh i the generation. of. al Bukharrs teachers were Yahya ibn Man (d. 2333, SAID ibn al-Madini (dl. 234), Ibn Abt Shaybah (d. 235}, and Ahmad ibn Hanhal (d. 241). Iba. Abi Shaybah compiled a massive collection of adités and dfhar, known simply as afMasaavaf In this work there is a chapter in refutation of Abū Hanifah, which is representative of tbe concerns ot Hadith experts about the fg4 of Abu l anitah. In it he discusses 125 issues where, he argues, Abū Hanifah did not (as he should) follow badi.
Many later scholars have analysed [bn Abi Shavbah’s retutation of Abū Hanifah in a degree of detail that cannot be easily summarized. In broad terms, the defence of Abū Hanifah atyucs: 1} As he ruled on thousands of issues, 125 does not qualify as significant in respeet of his gb as a whole. 2) 1n 60 (nearly half} of those 125 issues Abd Hanifah does adduce Zedz//s to support his rulings, bur nor the ones that Ibn Abi Shaybah would have liked him to have adduced. 3) In 20) of the remaining issues, Aba Hanifah has preferred Quranic verses or the wifawafr (most widely reported) Sunnah to ahad badiths. it is a well-known principle of Aba Hanttah’s fgé that if the source texts cannot bec reconciled, then the stronger must be preferred: thus, the Quran is preferred to the Aadith, a sennad reported by many is preferred tO a fannab reported by one person, and so on. 4) On a few issues [bn Abi Shaybah has, tn error, attributed rulings co Aba Hanitah, which
EUS FIGH Ni
are not found in the Hanafi doctrine. $) There are ten issues where the controversy arises only because it is possible to understand the rele- vant Aadiths in different wavs, as happens with most texts. 6) A few examples remain where one may concede that the arguments of the dadith expert are stronger than those of che fagqi/ But given the scalc of Aba Flanitah’s work, thts is hardly à serious criticism,
In face the criticism of Abū Hanifah by Tbn Abi Shavbah and others contributed to the recognition of the centrality of Hanafi #ah. (In the same wav the critique of al-Bukhasi by al-Daraquint would play an important part in affirming and strengthening the reputation of al Bukhari's Suéih as the most important. compilation of Jadis) Because at the support of the ‘Abbasid state, Hanall fags was, by the ame of [bn Abi Shaybah, already on the way to being established as the most widely applied form of the law in the Islamic world. Ibn Abi Shaybah acted responsibly in seeking to point out, for the benefit of his fellow- Muslims, those issues where he thought Abu Hanitah had deviated trom the dad, ble had no private grievance against him; had he been motivated to attack the man or his reputation he might have criticized him on more serious issues, matters related to the creed, but he did not. His criticism is confined to figh-related issues, On cach of those issues Abū Hanifab’s position is shared by other jurists in Islam, especially other Kufans, but Abú ilanifab’s prestige and reputation were such that they were identiticd with his name. It is for that reason that [bn Abt Shaybah directs his criticism to Abū Hanifah. Shat he had no personal enmity against Aba Elanifah is alsa attested by the fact that [bn Abi Shayvbah’s book contains 42 reports which include Abu Llantfah among the narrators.
Most adith experts were well aware that. Judith and fiqh are dis- üncr disciplines. They devoted lifetimes to the science of hadith, vet recognized that, as regards fgh, they must follow the experts of that discipline. ‘Vhe majority of the great imams otf dedih followed the great imams of fgé in juristic problems, and the greater number of
82 ABC IHIANIFAIH
them followed Abt Hanifah. The most famous of them are: ‘Abdullah ibn al-Mubarak, Mis‘ar tbn Kidàám (d. 155), Waki* ibn al-larràh (d. 197), Yahya ibn Said al-Qattan (d. 198), and Yahya ibn Ma‘in.
‘Abdullah ibn al-Mubarak said: ‘] have not seen anyone as learned as Abi Hanifah in the knowledge of fig? (Baghdadi, Tas, xiii. 343), Yahya ibn Ma‘in said: ‘Figé is the figs of Abū Hanifah; this is what | have tound people on’ (Haytami, Kéayrat, 112). He also said: “Yahya ibn Sa‘id al-Qattan used to follow the fatwas of the jurists of Kufah; he used to choose Aba Hanifah’s sayings from among their sayings; and he used te follow Abt Hanifah’s opinions from among the opinions of his students.’ (Baghdadi, Ta%7é%, xili. 346)
Someone put a question to the great scholar of adith al- A mash while Aba Hanifah was present. Al-ASmash asked Abu Hanifah whar he would say in answer. When Abū Hanifah gave his answer, al-A‘mash asked him: “Where did you get this? Abū Hanifah said: You narrated it to us from Abd Salih from Abi Hurayrah, from Aba Wail from ‘Abdullah, and from Aba Ivas from Abi Mas‘tid al-Ansari, that the Messenger of God said so and so; and you narrated to us from Abt Mijlaz from Hudhayfah from the Prophet so and so; and you narrated to us from Abu I-Zubavr from fabir so and so; and you narrated to us from Yazid al-Raqqashi from Anas from the Prophet so and so, Al- A'mash said: That is enough! What [ narrated ta you in a hundred days, you have narrated to me in an hour. | did not know that you apply these Aadifés. You jurists are doctors and we are pharmacists, and you ate a man who has got hold of both sides! (Ihanawi, 455 Hanifab, 18-19}.
The great experts of fgh contemporary with Abo Lianifah (al- Awzai, Abu Ja‘far Muhammad ibn *Ali known as Bagir, and Malik ibn Anas), initially doubtful about his method on some points, wctc soon convinced by the depth of his knowledge and accepted him as an authority in Fgh. In Iraq, Sufyan al-Thawri and Shu‘bah praised
HIR FSI 83
him, and Sutvan is known to have studied his books. (Baghdádi, Tar, xi. 342)
Having studied the Afraetia with: Malik, al-5hafii, with: Maliks permission, left for lrag and spent his tme studving fab with Abū [lanifah’s student Muhammad al-Shaybanit, Al-Shàtrt sakl: 'T carried trom Muhammad a camelload of books’ (Dhahabi, Sayer, 1x. 135). He aso said: “One who wants to be a specialist in knowledye of figs should read Abu Hanifah’s books’ (Haytanu, Kheyraf 103). Ahmad ibn Hanbal studied with Qadi Aba Yusuf in Baghdad, and through him became well-acquainted with the opinions of Abia Hanifah and his students, nee asked where he got ihe fonc juriste poins he expounded, he said: Prom the books of Muhammad ibn al-Hasan al- shaybant’ (Dhahabi, yer, ix. 156)
Al Shavban: himself studied the AMoeerta o£ Malik with its author in Madinah. Therc he became aware of many of the objecrions that the Madinans had to the school of Kufah. He then wrote Ayah at FIngab “ala abf ai-Aladinab, a systematic defence, against those objec- tons, of the dicta and method of Abu Hanifab. Stated briefly, Abū Llanitah’s preat achievement, which eventually informed the thinking of the other schools of the law, was to locate what was universal in the sources, the Quran and Sunnah, so that the law became the for- mative agent ofa dynamic social order, equipping the Muslims with a strong and chstinctively Islamic way of thinkin and living, vigorous enough to encounter and assinulate influences from alder cultures without loss. [tis because the pioneers of Islamic law, Aba Lfanifah foremost among them, had strengthened the society with the law, chat when the intellectual legacy of the Mediterranean and Persian worlds began to be translated inte Arabic, those elements of philosophy or mystical aspiration that were able to strike anv roots at all among the Muslims branched ated blossomed in some degree of harmony with distinctively Islamic manners and values; while same clemetits of the legacv available to. the. Muslims, despite the reat. cultura]. prestige
84 ABC HANIFAH
attached to them (the Roman law, for example) made no impression at all. The great scholar Mis‘ax ibn Kidam said: “Whoever sets Abu Hanifah berween himself and God, I have hope that such a one will have no [cause of] fear, and that he has done his best to choose the way of caution,’ Asked why he followed the opinion of Aba Hanifah, MisSar said: ‘Because of its soundness. So, bring me something more sound than it, then I will follow ic.’ Ibn at-Mubarak said: 'I saw Mi'sat in the circle of Abu Hanifah putting questions to him and benefiting from him, and he used to say: I have not seen anyone more expert in fiqb than him.' (Haytami, Kayrat, 109)
His works and his students
With very few excepnons, the writings of Aba Hanifah are lost. We arc certain of their former existence because people reterred co them in works that do survive. The compilation of the laws, his master work, was undoubtedly in circulation during his litertme. Reliable authorities confirm it. Ibn Hajar al-Makki said: *Abü Hanifah is the Arse who compiled the scienee of pah, and organized it in books and chapters as itis now. Imam Malik followed him in his Afawerttd. Before Abo Hanitah, people relied on their memory, Aba Hanifah is the first who wrote down the book of inheritance, the book of conditions [Le. in legal contracts]’ (Havtamni, Kayrat, 10041), His gh was extended bs his students through their wridngs, teaching, and work as judges and administrators, His compilation of laws is partly embodied in the extant work of ove of his studenrs in particular, Qàdi Abü Yüsuf and Muhammad ibn al-Tlasan al-Shavbánr.
Ít is not casy to pur together a complete list of. Abu Tanwah's works, Ibn al-Nadim £d. 380) listed four titles in his Triik abbl gh ai akbar, Risälah Uflonan a-Butii, Kitab al-Sdipp ma-i-mata alios and K. at- Rudd ‘ala -gadanyyeah. More recently, in the last century, two scholars listed the following additional atles attributed to Aba tlanitah in rhe writings of carly scholars. They are: Kat a Valahb, K. a-Munasis, K. al-
KG ABC JISNIL MI
Rabe, K. al-Nburit, K. ai-Fara id, K. ul- Atbar, ad Bisaluh, K. al-Irià?, K. ai- [E ayah K. al Radd Sate bona, I. aiFuOy, K. I&htilap ai-sababa, K. at- fant’, K. u-Mryar, a-Kuab. alF-ausaf, at-Figh u-a&bar, a-Vigh ul-awsat. some of these works appear to have been parts of his fig/ compila- non, others were probably brief treatises.
KALAA: DOGMATICS AND THEOLOGY
Kali was, IM Abia Hanifah’s time, in its carly stage, and had not yet overwhelmed the discussion of Islamic religious questions, The Arabs had a firm prasp of what ts said in the Quran about God’s essence and attributes, the beginning and end of the world, and similar guestions, and their faith was direct and strayhttonvard. Among the Muslims of Persia and Syria, however, this dircet, straighttonvard faith became complicated. Removed from the conviction of those who had witnessed revelation and the Prapher’s Sunnah at first hand, even ordinary questions of belief were subjected to hair-splitung anxieties. Different schools or thought emerged, such as the Qacariyvah, che Murrah, the Mu‘tazilah, the Jahmiyvah, the Khawari] and the Rawatid. Because schism scemed ta be gaining ground, those who had hitherto shunned controversies of this kind, telt compelled to ger involved, if for no other reason than to retute what they considered wrong, Over time, this led to the development of dogmatics and theology until eminent men (such as Abu |-}lasan al Ash‘arl fb S30) and Abu Mansur al-Maturidi (d. 3339) took pride in their contribution to the field,
In Abu Hanttah’s time, elam was not vet à svstematized, formal discipline. The narration. of. traditions and. discussion. o£ theological questions were common in Kufah so that any man of ordinary intelli- gence could work up the necessary knowledge simply by attencdiag Icarned gatherings, as Aba Hanttan did. Being exceptionally intelligent and articulate he soon acquired a reputation for formidable debating skills, which he pracused in Basrah as well as Kufah. After a timc,
EIS PAI gt
while sull a young man, he renounced debating with schismatics, and devoted his life to adit) and fabh No doubt, however, he retained some interest in questions to do with fath, not least because they had practical consequences for the Muslitns. Of the few works attributed to Abd Hantfah on such questions, the best known is aM gh alaktar.
ai- Pigh a-a&bar
some scholars have doubted the attribution of this work to Abu Hanifah, but mosrc Hanaft scholars atfirm it as his; [t has been exten- sively commented on over the centuries. It now exists in published form, OF the several commentaries, the most famous is by Mulla *Ali al-CQàri (d. 1UOT). Jater, Abü Flanitah's opinions on the subject were incorporated in the + demat ot al-Tabaw (d. 321) and that of Abu | Layth al Samarqanci (d. 373). Samarqandi’s work is authentic and rep- resents à popular, Hanafi current in theological thought. Al-Tahawt’s book did not gain popularity only among orthodox [lanatts; rather it came to be regarded as the earliest text i0 state ihe creed of the ortho- dix, chat is, Ald al-Sunnah wa-l-Jama‘ah, the Sunnis, Al-Taháwrs pres- entation remains popular, and has generated notable commentaries.
Among the issues created imm af Fah afambar, the most important and widely discussed are ath and utterance’, “faith and works’, ‘the Qur'an's being created or noc, and ‘the Companions’.
bath and ufferance
Abú Hanifah said: ‘Faith (ade) means assent and affirmation’, ‘Tslam is surrender and subnussion ta the commands of God, Exalted is He, There ts a verbal distinction between weas and irie, but there is no iva Without iam, and over cannot be conceived of without fay. They arc like che ourer and inner aspeet of a ching,’
Evidently Abū Hanifah saw fda as an affirmation by both heart and tongue together. This 1$ clearer in a stylized debate between Aba
8B — ABÜ HANIFAEH
Hanifah and Jahm ibn Safwan, from which I quote only the part that concerns us here.
Jahm ibn Safwan: Tell me about someone who has kaown God in his heart, known that Ee is One with ne partner and no cqual, and known His attributes and that nothing is like Him, Then he dies before he utters it with his tongue. Has he died as a believer or unbeliever?
Abu Hanifah: He is an unbeliever from among the people of the Fire unless he utters with his tongue what he has known in his heart.
JS: How can he not be a believer when he has known rod with His attributes?
AFN: if you believe in the Quran and regard it as a proof then J will argue with It; but if you do not regard it as a proof, then | will use arguments that we use with those who have missed the path of Islam.
JS: E believe in the Quran and regard it as a proof.
AH: God, Lixaleed is He, has made fda in Vis Book of two parts: heart and tongue, tte says jafMazdab, 5. 86-8]: ‘And when they hear what has been revealed to the Messenger, you will see their eyes overflowing with tears on account of the truth thar they have known, They say: "Our Lord, we believe, so write us down with the witnesses. And what have we that we should not believe in God and in the truth that has come to us, while we long for our Lord to adnut us to the company of the righteous people." Therefore God rewarded them, on account of what they said, with gardens with rivers flowing under them, to abide therein. Such is the reward of those who are good-doers.” He entered them into Paradise for their knowing and their utterance, and He made them believers by two elements: the heart and the tongue. in another place He says, Exalted is He, [e+ Bagara, 2: 136-7]: ‘Say: “We believe in God and in that which has been revealed te us, and in that which was revealed to Ibrahim and Ismal and Ishaq and Ya‘Squb and the tribes, and in that which was piven ro Musa and ‘Isä, and in that which was piven to the prophets from their Lord, we do not make any distincdon between any of them, and co Him do we submit.” If then they believe as vou believe, then indeed they are guided.” And Gad says, Exalted is Hle |48: 26|: “And [He] made them keep the word of fag’, and God says, Exalted is He [a4] fag, 22: 24|: *And they were guided to a good word’; and God says, Exalted is He |IHorabim, 14: 27]: 0d confirms those who believe with the sure word in the life of this world and the hercafter.'
HIS PIH 9
Vhe Prophet said: “Sav “There is no god but God”, vou will succeed.’ He did not link success to knowledge, leaving oul utterance, And the Prophet said: ‘From the Fire will come out whoever savs “there is no god but God". He did not say: From the Jire will come out whoever knows God.
If there had been no need for utterance and knowledge saffieed, then the one who rejects God with his tongue knowing Fim in his heart would be a believer, Then Iblis would be a believer because he knows his Lard he knows that He is his Creator, making him to die, then bringing him ta life, and causing him to say astray: he (Eblis) said: 5As You have caused me to go astray? fad traf, 7: 16]; ancl he said: “Respite me until the dav when they are raised up’ [*: 14]; and he said: “You created me ot fire, and him You created him of dust [3247, 38: 76]. Then the unbelievers would be believers because of their knowledge of their Lor! even if they denied it with their congue. God says, Exalted is He fat Nave, 27: 14): “And they denied them, while their souls had been convinced of them,’ Here, regardless of their conviction that God is One, He did not consider them ty be believers because of their denial with their tongues. He says, Jxalted is He [af Nehé 16: 83): “They know the favour of God, yet thev deny it, and most of them are unbelievers.’ And He says, Exalted is Tle fat Bugurh, 2: 146]: ‘They know him as they know their sons”. The kaawledge has nor buen usetul to them.
JS: You have put something in my heart: I will come back to you. (Kardari, Mandai, 185)
Faith and deeds
Among the sects, the Khawarij considered that deeds are a constituent part of taith (avn), so that one who docs not act as faith requires does not have faith and is an unbeliever, while the Muttazilah consider such a person in a station between belief and unbclict. Having to refute this opinion, Abu Hanifah found it necessary to clarity the relation between faith and deeds. He argued that deeds are not a constituent part of faith. He did not go from there to the extreme of claiming that there was no effective connection between faith and deeds. That extreme was the position of another heretical sect, the Murjrah. They said that if à person believed sincerely in the Oneness of God and the prophethood of His Messenger, but was remiss in
HIS IRE, 233
there is no need For me io &/as. ] took up my shoes and joined Elammád's class. (Baghditdi, faved, xii, 333)
Abu Hanifah thus turned from specializing in Adi to specializing in fgh. [Ie appears to have realized, abruptly, that tt would be better for him to acquire the knowledge that could benefit his fellow-Muslims in à practical wav.
TRAINING IN FIZI
When Aba Hanitah decided to learn. 95, he chose Hammád ibn. Abi Sulaymān al-Kütt (d. 120) as his teacher. Harnmad was a famous imam and the acknowledged master of //gh in. &utah. He had heard. Padas from Anas 1bn Malik, Hasan al-Basrit, Said ibn Jubayr, Abà Wil, Saad iba al Musayyab, ‘Amir al ShaS and ‘Abdullah ibn Buravdah. le studied fig with Ibrahim al-Nakhad, accompanied him as his most prominent student, and. succeeded. as the head. of his school after his death, This school, the most popular in Kufah, counted among its students men of the eminence of Mis‘ar ibn Kid&im, Sutyan al-Thawri, ShuSbah ibn Hajjaj, Harmmad ibn Saamah, ‘Asi al-Ahwal, al-Mughirah iba Migsam and Abt Ishag al-Shaybant. As well as being blessed in che quality ot his teachers and students, Hammad was wealthy so that he was able ro devote his time fully to his teaching.
Abu Hanifah remained close ta Hammad for 18 years until the laiter's death in 120 AH. From this we calculate thai when Abu | anitah joined Hammad’s school he was nventy-tweo years old. ‘Though he
Al-Dhahabi (5áur, và. 398) rejects the notion thar Abu Llanifah started his studies with Adige. tle says: We do not know that &alaz existed at that ame. Now he max be right to deny the existence ite thac ume of edd as a Formal science, but theological argamenrs and the existence of Khàániis, Shr'is and other sectis ai ihe end ot che first century cannot be denied, Abū Hanifah’s participation in debates with chese seces and woups may have been exaggerated by some commentators tw the exrent thar larer historiis ineetprered it as his specializing io daiam before turning tor fee.
IES PI S]
this [matter], then |thar person| came to eur class and asked us about it. We did not reply to him, saving: “Our masier is nor present, and we dislike to precede him ir anything. Ther, when Abū Hanifah arrived we said ro him chat an issue had arisen and we wanted to know his opinion. it seemed to us thar Alu Hanifah read pur heart, and we saw his face changing, He thoughe thar a specific issue had arisen and wy had uttered something about it. Then he said: What is this [issue]? Ne 10ld him about it. He stopped tor a while, then he said: Wha did vou replez We said: We did nor eccer anything, We feared that if we uttered something, mavbe you Would disapprove it” Then he was relieved and said: ‘Nay God reward you weli! Memorize from me my will do nat speak about it, and never ask about it. Bebeve rhar rhe Qur'an is the Word of God, xalred is Fle, without addition af amy lerer, 1 do not think thar this issue will enc unt? it causes the people of Islam to fall into atr after wherein hey will not be able to stod anal thev will not be alle te sit, (hn SAbe al-Barr, deviga?, 317-18)
We read in Baghdad?s tatki ‘As tor the assertion that the Quran was created, Abu Hanifah did not espouse it. It also states, ‘Neither Aba Hanitah, Aba Yosul, Zufar, nor Muhammad [Shaybani], spoke abour the [issue of the] Quran [being created or nod. Those who spoke about it were Bishr al-Mirrisi and Ibn. Abr Dawüd. The vilified the followers of Aba Hanifah’. (Baghdadi cited in Abu Zahrah, lon tlanifal:, 223)
His attitude to the © Npa EONS
Abü Hanitah's respect tor all the Companions without exception 15 well-known. He expressed love toc the imàms of a^/ af Bay5 but he did not follow the Shifah in expressing disrespect of the Companions. It was imperative for the unity and solidarity of the Muslims that they should respect the Companions, and not speak ill of any of them. He wrote J0 a] Fagh af-a&bar (pp. 50-52):
The most virtuous of all men after rhe Messenger ot God, mas God pray over him and grane hin peace, are Abi Bake al-Siddia, may God be pleased with hin, then mar iban 3! Khaztàb; then *Urhmár iba ‘Aan: then fAlt ibn oi Tab, rav chevy all enjoy the pleasure ot Cres, Exaited is He. They were all steadfast ia the trurh and with the cruch, and we proclaim our allevtanee to all of them. We
92. ABU HANIT. AH
make only good mention of all of rne Companions of che Messenger of God, may God pray over him and grane him peace.
HADITH
The collection and transmission of Jadiths preoccupied Abt Hanifah’s time, but was not his primary focus, which remained the derivation of fab. He memorized and recorded fadiths and reflected on them critically, and others therefore cited him as an authority. Qadi Aba Yusuf said: ‘I used to bring Pads to. Abu Hanifah. He accepted some of them; and he rejected others, saying: This is not sound or this is not known,’ Also; ‘T never opposed Abu Hanifah in anything, but that when I had thought about it, | found his opinion, what he chose, more conducive to salvation in the hereafter. Sometimes I inclined to the dadith, while he was more aware of the sound Agdith than me’ (Baghdadi, fark, xiii. 340}. Al-Dhahabi, whose Tadb&nmat a-huffaz (a collection of biographies of Padith experts) includes a section on Aba Hanifah, said: “Though Abu Hanifah was a bafiz (expert) in Abadi, narration from him is little because he concentrated on derivation’ (Managib, 28). Ibn Main says: ‘Abt Manifah was reliable; he did not narrate except those Aaditis that he knew by heart, and did not narrate what he did not know by heart? (Dhahabi, Szar, vi. 595)
People relied on Abū Hanifah because of his understanding, as well as his reliability, in #adith. Zufar says that great experts of Aadith like Zakariyyā ibn Abi Za idah, SAbd al-Malik ibn Abi Sulayman, Layth ibn AbT Sulaym, Mutarrif ibn Tarif, Husayn ibn SAbd al-Rahman and others used co cali upon Aba Hanifah and ask him about the issues they faced and the 4adiths that they could not understand.
Abu Hanifah was also highly regarded for his knowledge about narrators of Aad, and about the most trustworthy chains of narration. Yahya ibn Sa%d al-Qarean (sec below}, foremost authority on alin his generation, was a student of Abū Hanifah. But Abu Hanifah's own opinion on narrators was also recorded by later
HIS Hii 9%
authoriaes. Al-Tirmidhi (d. 279) reported. that he said: ‘J have not seen anvone more falsifving than Jabir al-Ja‘fi, and no one better than ‘Ata’ ibn Abi Rabah’ (Tirmidht, Swan, ab ‘fai. Al-Bayhaqt (d. 458) reported that, on being asked about taking adiths from Sufvan al- Thawr, Abū Hanifah said: "Write down from him. He is a reliable one, except his narrating of the Aadiths of Esháq ibn al-Harith and the badithés of \abir al-JuSfi” (Qurashi, Jawahir, i. 60)
“Ali ibn al-Madini, the principal teacher of al-Bukhari, lisrecl the great mHbaddviin who narrated trom Abū Hanifah and concluded: ‘Abu Hanitah is reliable’ Gbid., 56). The same praise of his integrity, reliability and his God-tearing in the reporting of Aadiths was expressed by Yahya ibn Ma‘in, by Ahmad ibn Hanhal, by their teacher Yazid ibn Maran, and others,
Kitab al-athar aad the Musnacl
Kitab al Athar, attributed to Aba Hanifah, is narrated from Aba Yusuf, Zutar, Hafs ibn Ghryath, Muhammad ibn al-Hasan al Shaybani, and others. lt contains selections from hundreds of reports of the Prophet and his Companions, arranged according to the chapters of igh. \t was the first of its kind to be so organized, and set a pattern followed by others — by Iba Jurayy in Makkah, Malik ibn Anas in Madinah, Sa%d thn Abi SArGhah and ‘Uthman al-Bacti in Basrah and al-Awza& in Syria.
The different versions of the Massed attnbuted to Aha Hanifah were collected ina single volume by Abd l-Muayvad Muhammad ibn Mahmid al-Khwartznu (d. 665). This work is a comptlanon of the compilations of adifis narrated by later scholars trom Abu Hanitah, thc. carliest of these being the Alaszad of Mubammad aJ-Shaybani. Jr comprises 1710 narrations, of which 916 are wara: Aadiths, that is, linked back to the Prophet, Of these dadités, 94 are narrated from Ibn “Umar, 72 from Ibn Mas‘ad, 68 from ‘Aishah, 60 from Ibn “Abbas,
56 from Jabir, 44 from Aba Huravrah, 33 from Buraydah tbn Khusayh,
yi ABE HANTE I
30 from Abu Sa'id al-Khudri, 29 from Anas ihn Malik, 27 from ‘SAN, and 14 trom ‘Umar. The test are afer, savings from the Companions: 73 from Ibn Mas‘id, 68 from Umar, 47 from Ibn Umar, 37 from ‘All, 32 fram Ibn ‘Abbas, 13 from *A'ishah. It comprises alsa sayings of the Successes: 355 from Ibrahim al-Nakha‘l, 13 from al-Sha‘bi, 13 from Shurayh, 11 from Sad ibn Jubayr, 5 from ‘Atr iba Abi Rabab, 3 from Muhammad al-Báqir, 3 from Salim, and same others.
HIS STUDENTS
Jf the worth of a teacher is fairly measured by the worth of his students, few teachers in history can have been so blessed in their students as Abt Hanifah. It is impractical to give the names of all those who attained eminence as scholars, judges or. administrators. However, it is proper ro mention a few of those who were subse- quently recognized as leaders in the fields of Sedo and fgd, and the sub-disciplines assoctated with them.
Hadith sPecafistr
“Abdulah bu aM barae is Wadi (118-181 au. A native of Mery, he was one of Abu [lanifah’s best known students and especially close to him. He heard Addis from Sulayman al'l'aymi, ‘Asim al-Abwal, Humayd al- Tawil, Füsham ibn *Urwah and others. He used to sav: "1E God had not helped me through Abū Hanifah and Sufyan |al-Thawri], [would have been hke the rest of the people! (Baghdádi, 72752, xii. 337). He was given the title of “commander of the faithtul in badai. Ahmad iba Hanbat said that none of ‘Abdullah thn al-Mubarak’s con- temporaries had been more assiduous than he in learning #adiths. He wrote numerous works on Jud and fh, of which. K / a-Zubd ts published. On one occasion, when the caliph Harun al-Rashid was visiting Raqqah, ‘Abdullah ibn al-Mubārak also arrived there On hearing of his arrival. such large numbers of people rushed to the town
IN gp 95
that clouds of dust were raised by the commortion. A lady ot Haran al-Rashid’s harem, observing this scenc, asked what was going on; She was informed that che ‘scholar of Khurasan’ known as ‘Abdullah ibn al-Mubarak had came to the town. She commented: “This is real king- ship. Harun al-Rashid’s kingship is net kingship — no onec comes to him unless brought by soldiers and policemen,’
Fuki ion al-farrab ibn Math, Aba Safran (129-197). He heard badiths from the major teachers of his time and was considered as one of the pillars o£ Paaz/. Ahmad ibn fTanbal was so proud to have been a student of his that, whenever he quoted à tradiuon on his aurhoriry, hc would begin by saving: "This tradition was transmitted to me by one whose equal you have not seen’ Ele heard traditions from Abt Hanifah and followed him on most questions and gave tatwas accord ing to his dicta. (Baghdadi, fa)r&h, xi. 470; Dhahabt, S7yar, ix. 148)
yahya ba Sad ibn Varikb a-Oaffan (120—198). Fe heard. udis from Hisham iba “Lirwah, Llamayd. al-Tawil, Sulayenan al-Taymi, Yahya ibn Said al-Ansári, al-A*mash and others. In his generation hc was the great authority an maf and he is said to have been the first to define this subject formally and write on it, He was followed bv his students, Yahya ibn Matin, SAli iba al-Madini, Abmad ibn [lanhal, "Amr ibn *Ali al-Eallàs and. Aba Khaythamah, in. turn. followed bv their students, al-Bukhart and Muslim among them. Yahya atrended Abt Hanitah’s lectures and followed him in most matters and pave fati'as on the basis of Aba Haoiah’s savings Maghdadi, Te réh, xin. 346). He dicd in Basrah.
Yasid ibn Hartin, tba Khalid ai-Wastti, Sheykh at-istane (118-206). He heard fudiths from ‘Asim al-Ahwal, Yahya ibn Sa‘d, Sulayman al- Taymi and ochers. Ahmad ibn [janbal, *Ali ibn al-Madini, Yahvyà ibn Man, Ibn Abi Shaybah and other major schelars have narrated fram him. SAI ibn al-Madini used to say that he knew of no one who knew more traditions by beart. In adib he too was a student of Abi Hanttah’s and narrated trom him. He is reported to have said: 'l have
Abi Hifi (15)
Ion aleMubarak) © AbG Yusuf ) —Hushaym b, Bashir | Waki’. al-farah Yuri b, Haru (18) d 18) (d. 189) (d. 197) (d 206 Abi ‘Asim :
| ANI (L20 Mihm jobads dli ims | Ab Nya aagi dr haee |a b Dian i28
i =: s = | | NE soul] T ji EL | cy | : | | P tia ‘ib, i in Ahmad b, Hanbal “Alih, al- Midi hn Shaybah Qu taybah Tshia b, Rahawayh ( T (d 241 (24) (2) 2) — (129
——————————————————————Ó-À
dBuhii Moim —— Did — ‘bu Mh = ah Timid? dN 4X; — QN) 29 — um) a (30)
Chart 3. Transmission of hadiths, through Abii Hantfah’s students, to the compilers ofthe Six Books of hadith
HIS 12H o Wi
associated. with many people, but have not met one who was Abu Hfanifah’s better.’ (Qurashi, faadéer, 1. 37)
Haj ibn Ghiyath al-NakhaG af-Kaff (A. 196). He was the gad? of kulah for thirteen vears, and of Baghdad for two. A great mahadditA, he narrated from ‘Asim al-Abwal, Hisham ibn ‘Urwah and others. Ahmad ibn Hanbal, *Alt ibn al Madini and others have quoted. tradi- tions on his authority, He was specially renowned for narrating tradi- sons (as many as three to four thousand) from memory, without the aid of a book or record of any kind. He was specially dear to Abu Hanifah who said to lum: “You are the comfort of my heart and the allayer of my sorrows’ Ghid., 1L 138.
Aba Osim a&Dabhak ihn Makblad al-Shaybani, called al-Nabil. He died in Basrah in 212 at the age of 90. He heard hadiths from Sulayman al-Taymi, lbn Jurayj, Ja*far. ibn. Mubammad and others, Al-Bukhari quotes him as saving: ‘Singe 1 learned that backbiting is a sin ] have not spoken against anyone bchind hus back" (Bukhan, a^ Ta^meh ac-&atur, lv. 336). At onc time Shu*bah vowed to narrate no more traditions. As he was 4 very great 2snhadd/h, whosc lectures benefited thousands of students, this caused much public concern. Aba ‘Asim, on hearing of his vea, sent to Shufbah and said: ‘I will freg a slave of mine to gam- pensate tor vour breaking your vow. Picase break it and resume your teaching of Agdifb Moved by Aba ‘Asim’s dedication to learning the Sunnah, Shutbah said: ‘tata nabi (You are noble)? That became his title thenceforth (Dhahabi, tien ix. 483), Onee asked whether Sufyan al-Thawri or Aba Hanifah was more of a fugit, Abo ‘Asim said: ‘Comparison is possible only berween things that resemble each other. Abū Hanifah is the founder of fet, while Sufyan 1s only a fagié’ (Baghdadt, Tarikh, xin. 3425
“hd a-Ragvag tha ianuam in Nafj a-Yan am (126—211). Many sreat imàams o£ Pad, such as Sufyan ibn "Uvaynah, Yabya ibn Man, Ishàq ibn Rahawavh, *Ali ibn al-Madini and Abmad ibn Hanbal, were
among his students. A voluminous book by him on ded titled af
BSa TIFE Y
besides Kutah, Basrah was known as the ercat centre For Dadmbs at this ume, because ot the presence-there of Hasan al-Basri, Muharnmad ibn Sitin, Yahya ibn «Abi Kathir, Ayvub al-Sakhtivant and {Qatadah. It is surprising that, rhough [bn Sirin and Hasan al-Basri lived up to LIO AL, there is ng evidence of Aba Hamitah artending their lectures. Surprising too is the absence of any record of his narrating trom Yahya ibn Abi Kathir who died even later, The prominent men in Basrah trom whom Aba anitah did hear Jadibs were Qarcacdah, ‘Abel al-Kartm ibn U'mayyah and *Asim ibn Sulaytnán al-Ahwal,
Abū Hanifah also travelled: many. umes to the Benewayge, Makkah and Madinah — the lowest number recorded tor these journeys is Ta, Luring the hajj season the Sarema served as a focal ponr for scholars frorn different parts of the Islami world. Abu Hanifah made goog use af these occasions ta meet scholars, exchange ideas with them and learn from them. It is not known with certaine when he first travelled to the Bargmaye, hut this 1nceident, related by Abu Hanttah himself, strongly implies that it must have been early on: Abū Hanifah weni to a harber’s to have his head shaved attez the. pilgrimage ntes; The barber rebuked him a Few times. First, when he asked what he would have to pay for the shave, the barber tale him: “One does not discuss what one has te pay for hay rires? Again, when Aba Hanifah became quiet and let ch harhcr go on wich his task, he suddenly remarked: (Joe docs not remain silent in baj. Keep saving your /ée7r” And again, when Abo -anttak cot up to leave after the barber had finished, the latter urged him te do two sa abs oi prayer before leasing. Surprised, ;bü. Hanitah. asked hint where he had learned these points of law. Iowe then te Ata? In Ab Rabah, rephed che harber, (bo Nhallkan, Weve’, iu. 261 2)
‘Aca ibn Abi Rabah was the most pious, knowledgeable and respected scholar in fgé ane dedi in Makkah, He was one of several successors mm rhe city, men who had studied with the Companions and were acknowledged masters of kadah, COH. these others who were
HES PO 9
Arabs, their nular history in particular, He was certainly one af the erear masters of dade in his generation. Yahva ibn Matin said: “There i$ no one among the aA ain who cited. more traditions than Aba Yusut did’ (Dhahabi, zur, vui. 535). Ahmad ibn. Elanbal sax: hen I was rst attracted to adds, | went to Aba Yusuf Obid., 336). His standing in #gb was acknowledged by Abū Hanifah himself, Return ing once trom a visit to Abū Yusuf during the latter’s illness, he said to his companions: H, Gad forbid, this man dies, rhe world would lose one of its great scholars’ ibid). A long list of his books 1s given in lbn al-Nadim’s Pyas Pos best known work 1 K. aKhargy, a col- lection ot memoranda seat by Abu Vasuf co Harun al-Rashid on Khare, feeb, and ather revenue concerns af rhe state. [r clescribes cultivation processes, different kinds at produce, and related questions of administration, comprehensively and syscematically arranged, Ir is an altogether remarkable documunt tor its timc, not least for its clarity and directness of. style; Incidenclle, while. expounding instructions and rules, Abu Yousuf driws to the Caliph’s attention im. forthright terms irrepularitics in the aciminiscration,
Merana IH ah | lasan abs haban? (138-89), Le heard Aeriifhs from Afis‘ar ibn Kidam, al-Awzaa, Sufvan al-“Thawri, Malik ibn Anas and others. He is one of the twin pillars of Hlanati jg, the orher being Abi Yusuf Por about rwo vears he attended Abu Liantfah’s lectures, and atter the Jateer’s death completed his education under Aba Yitsut. Ple was accampanving Harun al Rashid on a visit to Rayy In 189, when he chee. By coineidence, the tamenus prammarian al- Kisa’, alse in the royal party, died at the same place. Harun al-Rashid was grieved by ihis double loss and said: “Foday we have butied both figh and seus (grammar)! (Qurashi, fü/ga?, 0i, 126. Mubamniad’s standing in. //g£ may be gauged from what al-Sbafit sid: X henever Imam Muhammad expounded a point of law, it seemed. as if. the revealing angel had descended upon him’ (Dhahabt, Apen, ix, 135. Al- Shafii possessed a great number of Muhamniad’s hooks and studied
WD ABU HANIFAH
them. So too did Ahmad ibn Hanbal. Muhammad also had a high reputation in Fadi and zagar Al-Shafi said: ‘I have not come across aman more learned in the Qur'an than Imam Muhammad.’ Elis nar. ration of Malik’s Afemata is well-known, as also his refutation, in his K. al- lapah Sata abl ai-Madinab, of the Madinan position on a number of issues. He left a vast corpus of writings (Ibn al-Naclim lists 66 titles under his name}, which became standard works in the curricula of the Hanafi school {sec next chapter}.
Abu Hantfah dt. 1505
[TT
Abo Yosuf Muhammad h. al-H. al-Shayhani Zufar Hasan b. Awad (d. 182) (al, TAY) fd. 158) (d. 204 Ahmad b. Hanbal al-5hafra (d. 241] "d. 2604) KE [arda sebnor (hair schen?)
Charn d. Transmission ot feh, through the students of Aba Hanah, te the founders of the Shatil and Hanhall schools
Just as Abu Flanifah's achievement 1s a tribute to the greatness of his teachers; so tog the achievements of his students are a tribute to the greatness of Aba Hanifah. The roll of honour has been succinecly expressed by al-Dhahabi in Syer asam disaba? in his biographical note on Hammad ibn Abt Sulayman:
The greatest jurists of the people of Kutah were: ‘Ali and Ibn Mas‘tad, [after them] the vreatest jurisr among their students was "Alqamah; rhe greatest purist among the students of 5Alqamah was Thrahim; che greatest jurist among the students of Ibrahim was liammad; the. greatest. jurist among rhe. stadents ot Hammad was Abu Hanifah; the prearest jurist among the students of Abt Hanifah was Abü Yüsut, whose students spread in all rhe horizons; the greatest jurist among chem was Muhammad |al-Shayhari|; the greatest jurist among the students of Aluhammad was al-Shafifti, may God bestow His merev on them.
(Dhahahi, Ver, +. 236°
24 ABU HANIVAFL
teachers oF Aba Hanitah, it is important to menuon fAmr ibn Dinar and “Ikrimah.
Madinah had been the Prophet’s home during the last decade of his lite, and was the capital of the Islamic state, SAL moved the capital to Kufah but Madinah remained the pre-eminent centre tor knowledge of the Sunnah. Seven of the Successors living in Madinah had become accepted as leading authorities in. Pad and fab. Prominent among them were: Sa'id ibn al-Musayyab, *Urnwah ibn al-Zubayr, al-Qasim ibn Muhanimad thn Abi Bakr, and Khárjah ibn Zavd iba Thalut, Malik ibn Anas studied with the students of these seven jurists, and the fgh of Madinah that he developed is based largely on their rulings. They had received instruction from leading Companions, and passed that learning on to their students who, in rurn, were disseminating it in their schools in ditferent parts of the Islamic world. Abu Hanttah received the knowledge of Madinah from its leading scholars trom among the Successors.
HIS REPUTATION IN FELADITH CIRCLES
Abü Hanifah's reputation for analogy, critical thinking and originality was established quite carly. He was described by some as a man of ray (opinion) and analogs. This description was an indirect way of saying that he lacked sufficient knowledge of hadith and athar. 1t also implied a preference for personal reasoning which, instead of a straightforward obedience to the Sunnah, complicated, perhaps even innovated, some elements of the commands expressed in the texts of Quran and adith,
“Abdullah thn al-Mubarak, a well-known scholar who had studicd with Abt Hanifah, met the great Syrian imam, al-Awza9. Al-AwzaS referred to Abū Hanifah as ‘an innovator who has appeared in Kufah’ and discouraged *Abdullah from listening to him. Then, from his notes, ‘Abdullah recounted some complex juristc issues as deale with by ‘a shaykh whom I met in Iraq.” Al-AwzaT commented: “Ihis is a noble shavkh; go and learn more from hon,’ “Vhis is che same Abi Hanitah
BO O ABC RANTA
the Qur'an and Sunnah. Foremost among the former are the religious rites (prayers, lasting, alms-tas, pilgrimage), and a number o£ religious commands fon dietary regulations, for example, and certain elements of the criminal code), which are incontestably and explicitly speciticd in the Qur'ànic text and/or in the texts of che reliably reported Jeditíss and akar. Abū Hanifah did not tecognize any role for reason to initiate legislation in this sphere. Reason could, at most, explain the wisdom underlying these commands — 1hough it certainly could no always do so, Where it could, it might then, through strictly disciplined analogy, offer minor adaptation or extension ot those commands in unusual situations. In this sphere, Aba Hantlah rejected reason and preferred to follow even a weak dedi, that is, a text that, to the best of hts knowledge, was not Incontestably a judgement of the Prophet, though it probably wus,
Outside the sphere ot explicit religous commands, he affirmed that the Afuslii's duty to Quran and Sunnah lav in establishing rules that made che evervday life of the peaple Gndividual and. collective) easier and more beneticial, or which removed hardship and harm trom them. The broad principles ef what is beneticial and harmful came with the general guidance of Quran and Sunnah. luman reason can easily infer these principles and the wisdom behind them, and the people accept them because the values thes embody are unversal, Por situations. for which there was no precedent in the sources, Abu Hanitah permitted free thinking anchored in understanding of Qur'an and Sunnah. Indeed, he specified that, in such cases he preferred strong reasoning to weak dads. Even in the watamalar, however, he made a distincion berveen injunctions that, it was clear from the sources, were consistently and constantly applied by che Prophet and then by his Companions. after. him, and. those which. the. sources indicated had been susceptible to change in ditferent circumstances, So, whether applying the good maxim of unbty and practicability te realize universal values through law, or simply claritving how to apply
HIS LIFE 24
that vou torbade me from,’ ‘Abdullah said. Later on, al-AwzaT met Abi Hanifah in Makkah and discussed the issues that “Abdullah ibn al- Mubarak had presented ta him, Aba Hanifah explained them in rather more detail chan ‘Abdullah had recorded. When the nwo men separated. al-Awzad remarked to Abdullah: (T envy this man tor his abundant knowledge [and] perfect intelligence, and | repent to God, for 1 had been in a clear mistake about him. Strick close to this man, for he is ditterent from what had been reported to me.’ (Havtami, Abasa, WO 7}
The great scholars from whom Aba Hantfah acquired Aaditfs recognized his sincerity and piety as well as his intelligence, and accorded to him a degree of respect remarked upon and recorded by observers. ‘Abdullah ibn al-Mubarak narrates that once Abu IHíanifah visited. Malik, who received him with. great respect. After he had gone, Malik said to his studenrs: “Da vou know whe this man wasr Thev said: No. He was Abia [Hanifah al-Nu'maàn, who, if he had said that this pillar was made af gold, it would have been as he sail. He has been guided to fig/ so much that hc docs not have much hardship in it Gibid., 102; Dhahali, eyar, xi. 399)
HIS 'FEACHERS IN ELADPTH AND FIGH
Aba tfanitah narrated Aadiths, according ta one estimate, fram about 30) different teachers, of whom a considerable number are recog- nized as leaders in the Held of badh. This is an indicauon of his extra- ordinary dedication to acquiring knowledge ot the Sunnah. Ht is impor- tant to nore that he studied with all the famous authorities of his tnc, and that these authorities were also the teachers of Sutyan al "E hawti, of al ;Xwza'i, o£ Mahk ibn. Anas and of Layth tbn Satd. The faditis narrated by 74 of Abu Elanifab's teachers are recorded in the Six Books, the compilations ot Zedztis that became widely established as the most sabih or reliable. (Mizzt, T1abdbib, xxix. 418—20; and sce. Char? L, p. 32, and Chart 3, p. 96, below.)
104. — ABÜ HANIEAH
language, Qur'ànic commentary and «dif studies. s a result, the Kufan school was able to handle responsibly and convincingly the diverse legal issues that faced Islamic society at the time, and assemble a systematic compilation of rulings in all the divisions of figh. This compilation was completed and widely circulated within the lifetime of Abu Hanifah: there are just too many references to it in books of biography and history to allow for any doubt on the matter. However, the contents of this compilation, as I. have noted, are now mostly known through his students! wriüngs on Ped and figh, especially those of Aba Yusuf and Muhammad al-Shaybàni. Alumni of the Kutan school were appointed in large numbers to judicial and admin- istrative posts, or as important teachers ot the Jaw, throughout the Islamic world. AbO Iianitah was more fortunate than his peers among the pioneers of Islamic Jaw, such as al-Awza‘l, Sutyan al-Thawni, Layth ibn Sa‘d, Ibn Jurayj and others, whose figé did not continue for long because they did not have students of juristic temperament. Al- ShatiT once said: ‘Layth is more expert in fg than Malik, but his students did not keep his tradition (Dhahabi, Szar, vii. 156). In fact no teacher in che field of jurisprudence produced so many proficient students as Abu Hanifah did.
REGIONAL SPREAD OF ‘THLE HANAFI SCHOOL
The rise of the Kutan school coincided with the historical events that marked the end of the rule of the Umayyad dynasty. The ‘Abbasids who then came to power needed a body of law to run their vast realm. Abū Hanifah himself was never on good terms with the rulers of his time, They knew his excellence in fgh and his influence with the people, and so offered him positions of authority several umes. fle always refused, no doubt because he suspected that the regime’s principal motivation for turning tọ him was nor to serve the people but to bolster their own legitimacy. However, in the years after Abt
Xr AWK EAN AT
Ht is impracticable tn this brief essay to mention all of Aba Hanilah’s teachers. There is space here for only brief biographical notes on a few of them who were reparded as imams in fedth and iigb. This informa Hon must suffice to indicare the quahty of che men from whom Aba Hanitah derived his store of dadifés, and his understanding of their legal import and implications. Al-Sha‘bi (no. 1 in the list below) was the most senior of Aba Hanitah’s teachers, About SAV (ne. 2), Aba Hanifah himself attirmed chat he had not seen anv one better chan him. During the later period of the generation of the Successors, there were six men of whom it is affirmed by SAIT ibn al-Madini ane other experts that the chains of narration went through them (Dhahabi, Saar, v. 3545). These sin were: in the Hijaz, al-Zuhri (no. 3j and Amr tba Dinar (no. $; in Basrah, Qatadah (no. 5) and Yahya ibn Abi Kathir, and in kutah Abà Isháq al-Sabifi íno. 65 and al-ASmash (no. 7). Abū Hanifah was fortunate in narrating from five of them; Malik ibn Anas narrated, fram among these six, only from al-Zuhri.
L ‘Amir ui-S bathi id. 104), the oldest of Aba Hanitah’s teachers, was a great A45 who had seen around five hundred Companions of the Prophet. He narrated dedéhs trom the Companions Imran ibn 1 [usaya, Jarir ibn “Abdillah, AbG Hurayrah, ‘Abdallah ibn ‘Abbas, ‘ishah, ‘Abdullah ibn *Limar, 5Sdi ibn 1 latim, al. Mughirah ibn Shufbah, l'atimah bint Qavs. Al Zuhri used to sav that there are only four scholars: Said ibn al-Musayyab in Madinah, Hasan in Basrah, Makhal in al Shim (i.e. Damascus}, al-ShaSbi in Kufah (Dhahabi, S/yar, v. 158). SAbdullah ibn ‘Umar fthe son of the second caliph} heard him lecture on the conquests andl said: ‘By God, he knows this better than me.” Abü Bakr al-Hudbiali saysi ‘Ibn Sirin asked me to sray close to al-Sha‘bi, because I have seen him being referred to [even] while the Companions were in big number (Dhahabt, fadb&mart, 82, 813. Al Shatbi also served as a judge for a period of time. Gibtd., 88)
2 “Alfa? dan ABE Rabah (d. 115) was the most famous teacher and imam of Judith, tajir and. figh n. Makkah. !H He learnt froni many Com-
S) ADU IENNIEATI
Hanifah’s methods and teaching spread to Basrah through the efforts of Yasuf ibn Khalid al-Samti (d. 189} and, Jater, of Zufar ibn al-ludhayl (d. 158). Muslims from the west of the Islamic world (North Africa and the Maghreb} also attended the Kutan school. Though these Afncans did nor follow the FIanafi »adbbab, thev were nevertheless effective In transmitting: Abü Flanitah's teachings to their homelands. Asad thn Furae fd. 213), ‘Abdullah ibn Farrakh al-Parisi and the gad? ‘Abdullah ibn Ghanim were particularly influential in this regard. The Hanafis were a significant minorin among the Malikis during the first few centuries of Islam, particularly in Lfrigivya under che Aghlabids; according to al-Maqdisi (d. a, 391) they even predominated in Sicily- In igp, Ismail ibn al-Yasa‘ al-Kafl, who succeeded Tbn Lahiah as gad? of Egypt in 164, followed the doctrine of Abū Hanifah. It also spread in Syria, despite opposition, in the second halt of the second century AH, (See Darrat al-ma'arif, x. 400-01.)
According to a report narrated by Hamdūyvah from. *Uvaynah (Baghdadi, Ta?rz€ó, xin. 347), the teachings o£ Abü [Tanitah took root everywhere in the Islamice world except Madinah. After lrag itself, Khurasan became the strongest centre of lanati fgh. Abū Hantfah’s long established personal contacts in Khurasan were a major factor in attracting students from there, His fif spread from Khurasan to Trans- oxania and Afghanistan, and then the Indian subcontinent, Turkish Central Asia and the western provinces of China,
Abü Hanifah's arguments 1n. fig influenced scholars in other disciplines, notably theology and fadith, Uhe most prominent among the dwdith specialists who recognized his authority were “Abdullah ibn al-Mulbarak, Waki ibn al-jarrah, Yahya ihn Sa‘td (atan, Yahya ibn Adam and Aba Qasim ibn Sallam. Tater Yahya ibn Main followed Aba Hanifah in the fatwas he issued. ‘Lirmidhi, author of ane of the ‘six Books’ fthe most widely accepted of the Aad compilations), mentions Abu I anifah's opinions alongside those of bad specialists. Not surprisingly, his influence was greatest over the jurists of his own
HIS ACEUENTEEMENT ANDILEGACY. 107
and later times, regardless of whether or not they were affiliated to the Rufan school. Scholars of the stature of Muhammad ibn Nasr al- Marwazi (d. 294) and Muhammad ibn Jarr al-Tabari (d. 310) record the legal arguments of Abū Ilamfah in their books on zAtiHaf ud- jugaba? (he ditterences among the jurists) beside those of jurists characterized as thé af hadith,
Hanatt 44 also influenced minority fe. non Sunni) sects: of the Shr'ah, especially Zaydts; castern [bbadis; and the Muttazilis. Here we have space to consider only the Mu‘tazilis. "Their attitude. changed markedly over time. In the early period, they strongly opposed Abū Hanifah because he so firmly retuced their dogmas. By the middle of the third century AH, while their hostility to his creed rematned, they
had softened towards his fgé Ahmad ibn Abi Daiwtd (d. 24, the
j> tamous Mu'tazili of Baghdad, despite hts belicf in the Quran's being created, followed Abu Hantah in. /jg£. Indeed, his doing so was cited by later polemicists to defame lHlanafis. Ibn al-Nadim (Fzbrzs, 296) states that Aba |-Walid, the son of Ahmad ibn Abi Dawud, a judge and author of a few books, also followed Abu LH anifah in figs, In Khurasan, Abt |-Qasim al-Balkbi (d. 319), a prominent figure of the Muftazili school, adopted the HF anati doctrine tn his. 55; so too did most Mu*tazilis in. Iran. 1n the tourth to the seventh centuries AH, a sub-proup of Mutazilis, known as Najàrin and located around. Ras, followed the Hanafi g^. Their following Aba Hanifah m fgh led some Mu'razilis ta modify their position. on. his theoloin. Aba |- Qàsim al-Balkhi (e^ Magalar, 105) limits the difference of Abt Hanitah with *a/ a£ Sad (1c. the Muftazilis) to only the one issue of Sead. Some Mu'tazilis went so far as to reject the attribution of a£-F/gh af-a&bur to Aba tlanifah, claiming that it was the work of Abū Hanifah Yūsṣuf ibn Muhammad al-Bukhart. (See Da?/raf af Ma arf, v. A01.)
HISIIP[ Al
panions until he became a mayfabed, (1.e. qualified to give legal rulings). Ile reported. Paditbs from *XAbdullah ibn *Umar, *Abdullah ibn “Abbas, Jabir, Zavd ibn Arqam, Abu l-Darda', Abu Hurayrah, among others of the two hundred Companions he had met. *Abdullah ibn ‘Umar said: ‘Why do the people come to me when SAt is among them? (Dhahabi, Tadhkirah, 98). Among those who learnt from “Ata are: al-Zuhr, ‘Ame ihn Dinar and al-Awza‘l. When Abu Hanifah called upon him for permission to attend his lectures, “At? first examined his belief. This was necessary because Abt Wanifah came from Iray, which had been the seed-bed of several new sects in Islam. “Ata asked him which people of lrag he belonged to. Abu Hanitah replied: 'I do not abuse the early veneration; | do not accuse a sinner of unbelief and I believe in Destiny’ (Baghdad, fa?vké, xin, 331). SAt was pleased with his answers and allowed him to attend his classes, ‘She intelligence of Aba Hanitah soon impressed itself upon ‘Att’, and he used to seat him beside himself. During the lifetime of Ata’, whenever Aba Hanifah visited Makkah he always called upon him and accompanied him.
3.4658 Bakr Mubasmad tha Muslim ibu Shihab al-Zabrt (0-124), Some describe al Zuhri as the greatest master of Aadih. Fle narrated trom ‘Abdullah iba *Umar, Sahl thn Sad, Anas ibn Malik, Mahmad ibn al-Rabis, Safd ibn al-Musayyab and others of the longer-lived Compan- lons and ercat 455. Lavth. said: *'I have not seen any. scholar more comprehensive in knowledge rhan al-Zuhrr. The caliph Umar ibn ‘Abd al-‘Aztz (r. 99-101) said: “No one is left who knows the sennabs more than al Auhr? (Dhahabi, Tadh&rar, 109). Al-Zuhn himself said he never Forgot anything that he had committed to memory, Once the Umavyad caliph [Hisham ibn *Abd al-Malik (r. 105—125) asked al-Zuhn ta dictate something to some of his children. Al-Zuhri dictated many badiths to them. Then he came out, called the students ot Hadith to him and dictated the same feds to them also, exactly as before, (Tstaháni, Hibat al-antya, ni. 363).
EUS ACHIEVEMENT AND LEGACY u9
|anaft legal arguments, notably those badiths that others have con- sidered questionable,
Abn LL ayth Nasr ibn Mubammad al-Samargandi (A. 373}, author ot the well-known works on figé: Valawa abnawagi, Khizanat al-figh wa- ryan al-masa i, Miukbialif al-rivayah and ai-Magatdimab ff al-satab.
If LH saya Abmad thn Mubanmad ai-Gudar (A. 428). Fver since he wrote it, al-Qudiiri’s Afaéstasar has served as the standard concise text of the Hanafi school, hke the Rara/eé of al-Qayrawant among the Malikis, and among Shaii's al-Muzani’s Ma&étasar, It. generated. many commentaries, notably «7 Jawbarah a£-nayyirab of Aba Bakr ibn SAN al- *Abbadi, and. a^fsbab ff sharh al-Kitab of “Abd al-Ghani al-Maydant. Al-Qudan also wrote Ava’ af Tard on the differences between Abu ]anifah and al-Shafifi without, however, going into the reasons tor their different rulings.
Abi Bakr Mubaatmad al-Sarakbst (A. 482), In his Afabsat, a com- mentary on @-Kafi, a summary of al-Sheyhan’s works by al-} [kim al- Shahid (d. 334), al-Sarakhsi re-presents che writings of al-Shaybani. He dictated a/-Alebitt in 15 volumes from his prison in Uzjand. His dictation of such a complicated and detailed work of law is, without doubt, strong proof of al-Sarakhsr's expertise in the field. The work is published, and there are internal evidences that it was dictated while he was ia the prison. Among his other works are: Sharh af-Sipar ab kabir and Sharh Mukbtaiar al-Tabani.
After al-Sarakhsi, the tendency increased for systematizing and reorganizing the Hanafi law works. “AK? al-Din Abd Bakr al-Samaryandi (d. 538y's "Eabfat al-faquba? (Beirut: Dàr al-Fikr, 1422/2002) is the first major work which demonstrates this vigorous effort to organize the material. It was tollowed by the well-known commentary on it, Bada 6 al-sand i ff tartib al-sbara?F, by Abà Bakr ibn Mastüd al-Rásán (d. 587). In many ways, al-Kasani's detailed commentary on the Tubuh of al- Samargandı, is the more scholarly of the two, supporting every juristic ruling with evidence from original sources, and also explaining the
10 ABC HAND AE
rationale and wisdom behind the law. la sun, it is one of the best, if not the best, work to train scholars in the Hanafi? juristic. tradition, and familiarize them with its order and coherence.
Burhan al-Din Al al Marghināni (d. 593s Hidayah, a commentary on his own Axab Bidāyat al-mubtadi, based on al-Qudurl’s Mukhtasar and al-Shaybant’s aé-fdwt* af-savhir, is perhaps the most read work among teachers and students of the lanaf wadhbab. He began an eight- volume commentary on this compendium, Köye alunntabhi. Bat before he had completed it, he decided tt was too diftuse and completed a second commentary, the celebrated. FEuyab. Later writers repeatedly edited, annotared, and produced commentanes on, the Alaah, mong the famous commentaries arc: Sharh af nayab “ala Hidayah by Akmal al-Din Sluhammad al-Babarti (d. 786) and Pratl af-Oadir by Kamil al- Din Muhammad tha al-Humam (d. 861). The major fading noted of the Hidayah IS that ir contains many weak Jaatr/s, and even misquates some fadifhs and athar. In that respect al Kasanr's Bada?/* 1s tar better.
Most of the works produced after /fidéval Jack orginali: thev merely summarize or rearrange the material in earlier works. Among these later works two that earned considerable popularity are; Kzab a/- D&hiryar i tel al-nabhtar of Aba |-Fadl al-Mawsili fd. 683); the Kasa aldagaia O Abu |-Barakat al-Nasafi (d. 710), which had many com- mentarics, e.g. Palin at-baga’iq bv l'akhr al. Din ‘Uthman al Zayla‘t (d. 743), and af-Bahr ad-rareg (Beirut: Dar al-Kutub al-Imivyvah, 1997) by Ibn Nujaym {d. 970) - the same Ibn Nujaym who wrote Adab al- A" Mbbah nta-P-iasa fr (Beirut Dâr al-Kutub al-*Hlmisyah, 1413/ 1993, à treatise on che systematic structure of positive law,
The Durar at-bu&Ed9 of Mulla Khusraw Muhammad fd. 885), a commentary on his own Géwrer abaliéde, gained particular authority in the Ottoman empire. So too did Madtagd af-abbar ot Burhan al-Din Ibrahim al-Halabi (d. 956), famed for tes reliability. Popular commen taries on it are Mamat alanbur by. Shavkhzade *Abd al-Rahmán ibo Muhammad (d. 1078), and. a^Duyrr. alewuntaga by. Aa? al-Din al-
HS ACHIEVEMENT AND LEGACY 11]
Laskafi (d. 1088. Al-Haskafi also compiled 4^Durr a -mukbfar, which was wcl] setved by two successful commentaries — one by Ahrnad ibn Mubammad al-Tahtawi (d. 1231), called Ffasbryah ‘ala H-Durr at-mukbiar, the other by the famous Ibn ‘Abidin (d. 1252) called. Rad aLmuebtar (published in Damascus, 1421/2000) and better known as the Hasbryah Ibn “Abidin. Because this work so conveniently brings together in one place many details that cannot be found in any other single work, this Hasbiyah became the principal reference for later jurists in Syria and India, and by saving them intellectual labour encouraged indolence. The most recent exposition of the Hanafi doctrine im the traditional style is the [inkuki istanviyye ve istilahati fkebiyye kamasu by Ömer Nasuhi Bilmen, mufti of Istanbul.
After the Hidaya, the most authoritative handbook of Hanafi doctrine in India, has been the Pata aL UA ampiriyyab. Despite its title, this is not a collection of fanwas but a voluminous compilanon of extracts from the authoritative works of the school, compiled by a team of senior jurists on the order of the Magha]l emperor Awrangzeb ‘Alamgir (1067-1118). After Ibn *Abidin's IHasbiyab, it serves Indian muftis as the main source for fatwas — they depend heavily on it.
Among the well-known authentic collections of Hanafi fatwas are those of Burhan al-Din ibn Mazah (d. ec 570), called DAéakbirat al- fitawa, the Fatawa of Qadt Khan Vakhr al-Din al-lfasan al-larghant (d. 592), the bafawd of Siraj al-Din Abu Tahir Muhammad al-Saja- treatise on the law of inheritance), a£-Fatánga al- Vatàrkbantyyab of Alim ibn al-*Ala? (d. 786), a-Fatawa a-Bazzaztyyab (published in the margins of Fatáwa ai-5 AMamgiriyyab) of Háfiz al-Din ak-Bazzàzi al-Kardari (d. 819), the Fafawa of Aba l-Sa*üd (d. 982), and Farawa al-Anqiraw of Muhammad ibn Elusayn al-Angirawi (d. 1098).
1320 ABD TAN TIEAH
TIE DEVELOPMENT OF USUL.-H -FICGH IN THE HANAFI SCHOOF
lhe diffusion of Abü Hanitah's A/gb vas surely accompanied by the diffusion and wider acceptance of his methods, Although there is no work on si aial attributed to Abi Hanifah, his chinking and teach ing were too consistent for him not to have had a clear sense of the legal theory. It seems inconceivable that, while discussing legal issues with his students, he would not have instructed them in the principles that he and his Kufan predecessors had been followme, Muhammad al-Shaybant, in addition to texts ot practical law, appears to have written a number of short treatises on topics of legal theory — Aftab Dithad ad-re*y, K. af-IDtibrags, and. K. UL af-figh are attributed 10 him in the bibit. The classical works on #s af fih often draw attention to the arguments of al-Shaybàmi, which confirms the impression that he was a theorist of fee.
Ibn Khaldàn (d. F80) in his great Afageddiveb famously distin- guished the abstraceness of the auf of the theoloyians from the praciice-based s ot jurists. The jurises’ craditian, which 15 essentially the Hanafis’ tradition, focused on legal rulings and the discovery of rules underlying: them, and almost certainly grew out of polemical defence of principles known initially through practice. Ibn Khalddin picked out “Abdullah iba “Elmar al-Dabost fd. 430), a Hanafi jurist, as the most important early writer in this tradition, Al-Dabasi is the first to write on the science of differences. His greatest work is ai Tear, and he alse compiled at Nagar fi Afatawa.
Among other well-known Hanafi works on æsa are: "VU bavdullah Abu L-Hasan al-Karkhi’s fd. 340) Reseed ji hasni Abū Bakr Ahmad ibn “Ali al-Jassas al-Razi’s gd. 370) aft asa! JE bese! (Kuwatt, 1408/1988), Abu Zavd al-Dabust’s (d. 430; Teese ataager, “Ale ibn Muhammad al- Bazdawrs fd. 482) Kunz al masii td ma'ri aiast and the famous
HIS ACHIEVEMENT AND LEG ACVY— E13
commentary on it by “Abe al-“Aziz al-Bukhati (d. 730} known as KasAf dbasan Abu Bakr al-Sarakhsrs (d. 483) Ketab afl si! (Betrur Dar dadir, 1415/1995), Abu Bakr “Ala? al Din al-Samaryand?’s fel. 538) Miyan al usii fi nata yj al-*uqní (Qatar: Matabi‘ al-Dawhah al-Lladithah, 1414/1984), Abu t-Barakat al Nasafi’s (d. 710) Afanar ad-anwar and his own commentary on it called Kashif a-asnir, Shaydullah ibn Mas‘td al-Mabbübt's (d. 747, known as Sade al-Sharitah al-Thant) o/- 12255 ‘ald fangih, on which the famous Shattl author and well-known teacher Masud ibn Sa*d al-Fattazant (d. 792) wrote the commentary ab- Valutir, Namal al-Din Muhammad ibn al-Humam’s (cd. 8613 af Ladner fi Hani al-figh: al-jann® bayna Hilabay aPbanayyab. wed sbaffiyab, on which Ibn Amir al-flajj (d. 8799 wrote the commentary a£ lagrir wa-t- falbir, Nulla Khusraw Muhammad's (d. 8853 Morgat al-nnüd di "iip af- usfif (Istanbul, 1509); Iba Nujavm's (d. 970) Math af-chaffar be-sharh Mandar al-anwar (Cairo: Mustata al-Flalabi, 1936); Amir Badshah Muhammad Amin’s (d. 987) Tapsir af tebrir, SAVY al Din al Haskati's Hadat ulanwar, Mulla Muhibbullah tba “Abd al-Shakar Bihari’s fd. 1119) AdusHaw al. fhubal, on which Mulla ‘Abd al-SAll Bahr al-Ulam fd. 11803 wrote the commentary, lawdi ai-rabamat (Beirut; Dar [hva? al-TYuràath al-* Arabi, 1414/1993), Besides these important works there have been some concise works based upon them, which were very often part of the curriculum. One of these famous concise texts ds. Lf uf bash by Nizam al-Din al-Shashi of the seventh century, recently presented in a new edition (Beiruc Dar al-Crharb al Islami, 20004.
More generally also, nor just in the field of. si5/ aL figh, Hanafi scholars of later centuries tended to svstematize and consolidate, with sharper, more sophisticated “protessional’) begal exposition, but also morc narrow in range and depth of thought. Perhaps al-tAyni (d. 855, the author of af Inayal) and Ibn al-Humam (d. 861, L'atb uf-qadir) were the last two great jurists in the {lanati school with a
the author of
mind for ahead Though we still find Hanafi jurists in later times
114 ARC HANIFAH
engaged in open scholarly discussion to work out responses to the new situations they faced, the level of z/ibad declined.
THE MODERN PERIOD
From the eighteenth century onwards, as the Eutopean powers established themselves round the world, the Islamic societies (indeed all societies everywhere) suffered severe decline, losing commercial and military power, and political independence. It is in the nature of Eutopean dominance that loss of political power necessarily led to toss of meaningful cultura! independence and identity. However, as I said earlier, the Islamic world bv this timc was already lacking political unity, the governing elites showed little solidarity cither among them- selves or with the people they governed, and the cultute of thc law which held the Islamic world together, had lost much of its early dy- namic and intellectual energy. It is therefore unsurprising that, despite long resistance from the mass of Muslims, European pressures for change in Islamic law succeeded in considerable measure. Indeed, the internal failures and weaknesses of the Islamic world may have con- tributed as much to its decline as the cultural or military strength of the Europeans or their predatory attitude ta non-Eutopean peoples.
In 1877 Ottoman Turkey enacted a codification of the law of contracts and obligations and of civil procedure, according to Hanafi doctrine, as the Ottoman Civil Code, known as Majailat al-Abkam al- ‘adhiyyab or the Mejelle (Beirut: Dar Ibn Hazm, 2004). It was meant as a modernization of Islamic legal practice. In Egypt, about the same time, Muhammad Qadri Pasha put the Hanafi law of family and inheritance, of property, and wagf, into the form of codes,
Since the ending of the caliphate (1924), and the long era of direct and indirect colonization and modernization of the Islamic world, Islamic law has been, in general practice, confined to religious rites and personal affairs. Nevertheless traditional schools of Hanafi law in
PLS ACTIN EMENT AND LEGACY 105
Syria, Iraq, Turkey and the Indian subcontinent have clung on, In these narrow domains where they can apply it, the scholars have kept the tradition alive by adhering strictly to the rulings of the late Hanafi jurists,
POSTSCRIPT
The question inevitably arises of what future is possible for Hanafi fig. In some sense the recent history. that. Islamic. societies. have endured has wiped the slate for chem, as if to enable a tresh begin- ning. lhe modern Westera model of law and order within nation- states 1s bound to have some attraction, given its short-term success as measured in wealth and power. Also, the model is bound to project @ certain inevitability, given the confidence that enables victors te write the history of the vanquished for them so that, their past having been framed in a particular wav, their future may bo framed for them also, But there is no consistent evidence that the pereat. majority of Muslims are ready to renaunee their responsibilities as Muslims, to give up on rhe duty to establish a social order attuned ta the Quran and Sunnah. Rather, the evidence tends the other way — an intensify- ing impatience with the erosion of the Muslims! religious and cultural tradicions, alongside a fragmented, fitful, mostly ineffectual, militancy aimed at "the West or "Westernized Muslim elites? as the perceived agents of that erosion.
Why rhe Muslims should be motivated to cling to their old ways, when so many other traditional societies have let themselves vield to the proclaimed inevitability of modernization, is beyond the scope ot this essay. So too, tbe reasons tor Muslim perceptions of "the West’ and attitudes to its culture (positive or negative) are beyond the scope of this essay. But reflection on Abd |lanitah’s #gé, his understanding of Quran and Sunnah as law, on how and why it achieved such author- itv, is directly relevant ro what Muslims, committed ro the restoration
lla ABE HANIFAH
of their heritage, should be concerned with. A simple but nonetheless truc. formulation is that Abü Hanifah perceived the law as a whole, not in its parts. liven in the centuries of relave intellectual decline, when the fig’ was ouly presented more systematucally, with more thoroughness and concision, more rigorous logic of argument — because it was presented with reference to itself rather than to its sources — even then, the law retained its wholeness. Islamic jurispru- dence did not separate politics, ethics and ecanonyics: jurists were expected to know and give rulings in all these areas and, however ineffectively at times, they tried te do so, Simuarly, even when the political unity of the Islamic world was little better than a formality, it did not split up into nation-states. What is a modern development, owed 10 Western interventions and influence, and (except perhaps in Turkey) not yet well rooted,
At the present ame Muslims find themselves in a world deeply penetrated by modern Westem ideas and practices about how collec- tive lite should be ordered. These ideas and practices are oriented to efficiency, measured as increase in the wealth and power of competing individuals and states: co-operation among individuals or states 15 noc an end but a means that rational people make use ot, and should bc trusted to make use of, in line wich their self-interest. In the traditional Islamic perspective, by contrast, people are viewed primarily as moral agents (and only secondarily as economic or political agents), and the goal of collective endeavour is to create a social environment in which people can become good or better. Apart trom the minimal biological needs and appetites, what people have a mind to waor is a social construct, not an individual one. Accordingly, what society deems to be good, even i£ the individual does not agree that it i8 good, has a powertul afiect: the moral environment is relevant to the individual's ability ta sustain aspirations and develop tastes. Society does net fully determine the moral goods that acerue to an individual hfe lived within it, but the dependency ts very strong. One cannot build an
EUS NCOHEENVEMXMIENT AND EEGHACY 107
Islamic social. order. that. formally. separates. cthics, economics. and politics, and gives free rein to private and national self-interest. In the Islamic tradition, jurisprudence is meant to harmonize ethics, eeo- nomics and politics and resist their separation and protessionabzation.
Islamic jurisprudence entails reasoning, the procedures and limits of which are practically the same as in the Western tradition. However, in sharp contrast to the latter, the. Islamic. tradition. regards human reason if untethered from divine guidance as inadequate to achieve humanicy’s bese incerests in the long term, that is, when all the down- strcam cffects (on other peoples, later generations, etc.) are calculated. The differences among the pioneers ot Islamic law are negligible on this point. All of them were committed to understanding the (uran and Sunnah as law, a great part of which always had to do with taith and rclipious rites and moral values. The law was not concerned only with protecting the rights of property, enforcing contracts, and han- dling disputes between individuals or communities. Muslims remain keenly aware of this heritage. The core duties embodied in the Islamic rites - the regular prayers and fasting, tbe sense of international be- longing nurtured by the obligation of pilgrimage even If not discharged, the duty of charity embodied in. the alms-tax even if collected and distributed) haphazardly - make it very difficult for Muslims to lose altogether the personal and social habits that come with that heritage. But the manners and relationships built around those habits are eroding, because such relationships are also built around economic transactions and. mobili, which, under powerful Western influence (albeit, araably, sometimes benign in formal intent) are changing too quickly to allow tor the necessary adjustments.
The threat to the Islamic way of life is sincerely felt and increas- ingly resisted. That resistance needs to be intelligent, consistent aad constructive if it is to provide effective restoration ol the heritage. Those are precisely the qualites that characterize the fgh of Abū Hanifah. Let me now restate his contribution co the development of
Idk AB LIANIPAH
Islamic law. Jtirst and foremost he understood the law te be an extension and application of Quran and Sunnah as a whale, Fe recog- nized the explicit injunctions, notably those related to the rites just mentioned, as hevand the reach of reason. Such injunctions are to be enforced in letter and spirit, amending only in the circumstances specified by the Quran or by the Prophet, Por most other matters, the purpose of the law is to achieve the good of society and to prevent harm from it. Because social, economic and political conditions vary with place and time, that purpose canner be realized unless the rationale for particular rulings ts fully understood. IF the rationale ts fully understood existing rulings can be justly amended, should the need arise, as itis bound to da. Lf itis not, rulings will contradict cach other as circumstances change, priorities will become contused, more harm wil resalr than good, possibly even injustice. Evenrually, because reality is strong and cannot be ignored, the rulings will become divorced from the needs of the people, and the effort of jurisprudence will hecome marginalized - a self-contained discourse that is, in the nega- nye sense, an academic exercise.
To illustrate what kind of flexibility is needed, consider a conercte example: the issue of awarding custody of children of divorced parents, The reason tor normally giving custody of a child beyond the vcars of infancy, to the father, in preference co the mother, was that in the society of the time a boy learnt bis occupation fram the tather and he might not da so if separated trom him; for girls the tear was that, when the mother remarried, the pirl’s lite might be complicated bv the stepfather. À higher priority for either boy or girl was that they should ger an Islamic upbringing: a reasonable suspicion that one parent was not reliable in this respect would necessarily give the other parent a better right to custody. Overall, the underlying concern was the long-term welfare of the child, not the immediate emotional needs ot the parents, If that is borne in mind, then when social conditions change = if, for example, the father is ne longer the
[Ss ACHIEVEMENT AND LEGACY — 119
normal mcans of à son's learning how to make his way in the world — the custody decision can take the changes into account. To fail to do so Js potentially an injustice. On the other hand, to change the preferences for awarding custody simply in order to bring them into linc svith Western norms, because those norms proclairm themselves to be mare compassionate, would be to betray the Islamic tradition and, in the case of (for example) nomadic societies where boys sull go out under ihe protection of their fathers to learn how to tend their livestock, might result in injustice. As this example shows, in order to remain consistent with che purpose of the ruling, it is necessary ta be flexible with it.
Flexibility within the law does not endanger authenticity of the legal heritage of Islam if, as in the method and practice of Abn Hantiah, it is exercised within the framework of Quran and Sunnah and the limits and forms cnvisaged therein; Human beings are meant to be morally responsible, ta be moral agents: Quran and Sunnah together provide the enabling guidance. The greatness of Abu Hlanitah lay in his willingness to use that guidance to claritv the framework, the limits and forms, within which Muslims may safely and faithfully interpret that guidance as law. He did so by seeking an ideal balance between the spirit adl the letter o£ the source texts of the law. As the summary charts show (see above, pp. 32, 36, 96, 106), there is a direct linc from the major Companions of the Prophet, through Abu Ilanifah anc his students, to the principal compilations of Aad (which record the Sunnah) and to the principal schools of g^ {which express the Sunnah as law). In other words, Abu Hanifah's moral and intellectual courage as a pioneer in g^ — which includes the humanity and flexibility af his thinking, as well as its rigorous discipline — WHS nat a turning of the sources of Islam into some new direcaon. On the contrary, Xt was the realization and fulfillment of their potential, the proper, direct expression and embodiment of the Islamic tradition.
Ils LIFT. 33
4 Ayr tha Diver abMaker (46-1263. "Amr heard faditis fram Ibn “Abbas, Ibn ‘Umar, |Abir ibn *Abdillah, Anas ibn Malik and others. Shu‘bah praised his reliability in preserving and transmitting dadiths. Ibn *l'vaynah held the same high opimion of his accuracy, adding that in Makkah he had no equal in knowledge of fg.
5 Gafadab ibg Di*amab ai-Nadist ail-Dasrr (61-118). Qatadah, a blind man and a famous a was a renowned expert in vedrih. He heard from Anas ibn Malik, ‘Abdullah ibn Sieis, Abu l-Țufavl, Safe ibn al- Musavyab and others. He once stayed with Said ibn al-Musavvab for eight days. Qn the third, Sad 1s reported to have said to Qatadah: *0) blind one, leave me — vou have sucked me dr? (Dhahabi, Taaberar, 123). Ahmad ibn Hanbal (d. 241) praised the excellence of his memory, his ggh, his knowledge of sejur, and his knowledge of the differences among. scholars. He says that Qatadah was able to memorize anything he had heard — rhe Sa/fab of |abir was read to him once and he had it bv heart. Al-Dhahabi adds that Qatadah was eminent in his mastery of the Arabic language, and in the history and genealogy of the Arabs,
6 Ibn Inbag ai-*abi*? 5 dur ibn CModilab ai Hasan a-Kip (d. 127. A faii't, he narraced tram *Abdullih ibn *Abbàs, *Abdullah 1bn TL amar, "Abdullah ibn al-Zubavr, INu'man ibn. Bashir, Zayd ibn Argam and other Companions. bu Hatnm (d. 277) said he was reliable and lke al- Zuhn in abundance of Pss. ALD (d. 261) mennons that Abu Ishàc narrated from 38 Companions. “Ali ibn Madini, a famous teacher of al-Bukhari, said: “E counted the sned ol Abū Ishaq; they were around three hundred people. (Dhahabi, Saar v. 392—401)
7o Nuduyean ibis Nadran, kuwen às aids (d. 148). À great and Famous imam of Kufah. He met Anas ibn. Malik and narrated from him and from ‘Abdallah ibn Abi Awti, Aba Wari, Ibrahim al-Nakha and others. Abt Hanifah, Sufyan al-Vhawri, Shutbah and others narrated from him. Al-Fallas said: ‘al-Atmash was called maybaf because of his truth’, Yahwa al-Qartin said: ‘al-A‘mash was the ‘adamah [very lamed] of Islan. (Dhahabi, Tadbézraf, 154)
Sources and Further reading
SOURCES
In preparing this essay I have relied on the original Arabic sources. Among the earliest reflections on Abu Hanifah ate those found in Muhammad b. Ismail al-Bukhári's (d. 256) a Ta?ri&b al-saobir and. af- Ta'rikh al-kabir. The notes about the man himself are very brief, but can be read with some benefit in conjunction with the information about Abu Hantfah’s teachers, students and other Kufan jurists, dis- persed in different places in these two books. Al-Bukhari’s primary purpose in writing such notes is to indicate the reltability of the men mentioned as narrators of Aadith. Aba [lanifah was not a narrator in the strict meaning of the word. That is why some hadith specialists like al-Bukhari found him wanting. Another major carly source with a biographical notice on Abū Hanifah, again done by the criteria of badith specialists, is Abü Muhammad *Abd al-Rahman ibn Abi Hatim's (d. 327) al-farh wa al-ta di Ibn Abi Hātim added to the material in al- Bukhari what he heard from Abt Hatim, his father, and Abü Zutfah, his uncle, famous contemporaries of al-Bukhari. He was able to provide a list much fuller chan al-Bukhari’s of the teachers and students of
123. ABC HANTIALL
Abu Hanifah, As noted carher, there was a certain rivalry between dade and feb specialises, and some scholars allowed their judgements to be guided by in Among che major teachers of al-Bukhari, Abu Hatim and Abo Zurah were students of Aba Hanifah who praised him highly. However, among their teachers were also those scholars, like al-Humaydi (d. 219%), Ismail b. *Arfarah and others, who ler preter- ence tor their own speciality unbalance their judgemenr abour those outside in Tt ts their opinions that most influenced al-Bukhari, Abu Hatim and Abu Zurfah, and the account of Abü Hanifah in the writ ings Of al-Bukhari and of Ibn Abi Hatim suffers accordingly.
Ibn al-Nadim (d. 380) gives a brief biography of Abu Hanitah in his {vac Leis particularly usetul in that it records the titles of hooks attributed to Abu Hanifah and to his students Qadi Abu Yasuf and Muhammad al-Shaybant.
The great histonan Khadh al-Baghdadi (d. 463) has written at length on Aba Hanttah in his celebrated. Fa^r&h. Baghdad. "his is a major source for the hte of. Abu dlanifah and people have always reterred te it, However, Khatib has included in Jus account same weak and also some fabricated anecdotes, which show Abu Hanifah m a negative light. Khatib appears, when recording these anecdotes, to have neglected to apply the source-critical methods familiar to him as a historian and wafaddith, Moduddithzn of the stature of al-DOhahabi, Ton Hajar and others have taken Khatib strongly to task for this lapse. AI- Malik al-Mufazzam Abo |-Muzatfar ‘Isa wrote a scholarly refutation in 021 All named al Radd Caia Abr Bar al-Khatib al-Baghdadi Zahid al- Kawthari, a twentieth-century jurist, studied the biography of Abū Hanttuh in Tayre Baghdad and wrote a detailed refutation in Tatah als-Khathh “tld mus gaqa-bu Ho funamat zME Hlawitah ain alaka Al- Kawtharr’s book has been well recerved by the scholarly community and he deserves our thanks for his conscientious labour,
Ihn *Abd al-Barrs (d. 465; Kzeb aIntga? fr fada H ef. a mmu di-
ualaiha! aga? contams accounts of. Aba Hanitfah, Malik. and. al-
SOL RCS ANDI ET RTHUR READING 1324
shat‘. The author is a great wahaddth and expert in genealogy. and history. This ts a very good work, in which Ibn *Abd al-Barr has criu cized those wabpaddibs who accused Abu Hanittah of what he is Innocent ol,
A properly balanced account otf the man's life and work can be read in Abu I-Elajaj al-Mizzr's (d. 742). Faddhib ai-&amat in al-Dhahabi’s (d. 748) Managit at-lndm Abn Ulanijab wa. sahibay-hi Abi You wa Mahammad ibn al-Hasan, Vadhkiral al-bufiaz, Nar alan af-nubake?P, and Tarikh af-istanr, and in Ibn Hajar al-SAsqalani’s (d. 851} Fabdhib ai- fabdhib. Lbenctited from these works, especially from their lists of the teachers and students ot Abū Hanifah, their account of his contribu- tion to Sadh, and the appreciation of him by contemporaries and masters of Iyya.
For the lite of Aba FHanttah, I have relied mainly on the works just mentioned. Tam indebted to them also for my understanding of how ah developed and how Kufan gb differed from others, bor detail of Aba Haniteh’s rulings, 1] relied on the figh works of the school — a survey of these was presented earlier (pp. 108-11), and some of them are also mentioned in the section below on "Further reading’.
Jn preparing this work I did not benefit much at all from Western scholarship. There is nothing on the biography of Abū Hanifah in Western sources except a short notice by Joseph Schacht in Hayek- paedta of Islam (Brill. In the same work, under the heading “Hanafivva’, there is a good, concise survey of the development ot Hanafi texts by Schacht and W. Hetfening. There is passing mention or Abu Hanifah in gencral studies by several Western scholars of the formative period of Islamic law. These studies strive, more or less, to explain away the Islamic inspiration and character of the law, building on the by- pothesis {fnot always overtly stated} that scholars borrowed from Roman law or Jewish law or their antecedents in the Mediterranean world, and then added on a layer of Islanuc colouring by adducing
124 ABL HANIEAH
references to source texts interprered or fabricated for that purpose. ‘This approach ts unsustainable if it is, as it should be, tested against the available material as a whole. Of course there is similarity in the different legal orders that have obtained in the world. The common purpose of legal order is to assist in the administration of justice in human affairs and thereby maintain solidarity and muruahey among people despite the diversity of their means and their conflicting goals: there are bound to be some similanues in the Hegal forms and in the language developed in. different. cultures. to. achieve. that. common purpose. But to atfirm that is very far indeed from affirming that Islanuc law is "borrowed? from its antecedents in that region of thy world, with its Tslamicity sprinkled on, after the event, as a sort of religious seasoning: intended to please local tastes and thus secure legitimacy and general consent.
A serious scholarly effort ta test that hypothesis could begin by studying the wav the Islamic scholars evotved the legal rulings relaced to the. "aga? (the rites and obligations particular to Muslim torns ot worship, then compare the methods and arguments the scholars uscd with those that they used when deriving laws for the regulation of matters unrelated to formal worship, the wa amalit. There is no marked difference between the two: the scholars referred to the same or different texts within the same corpus ot texts, then derived legal arguments in much the same way for the distinctively Islamic Shada and the less distinctively Islamic ma amalat As regards #adiths, the corpus of relevant texts was not established during Abü Lanifah's hifeame, although consensus on how ta establish it was clearly emerg- ing. Then, and intermittently ever since, scholars have disagreed abour which Judith texts, for a particular issue, are the reliable ones, which of those arc more relevant than others, and about bow their wording shoukl be interpreted to define a ruling that Mushms should act upon. The detail of all chese disagreements among scholars, who agreed or
SOURCES AND FURTHER READIN 125
disagreed with whom, when and why, were fully recorded by the scholars themselves.
The claim in Western scholarship that the source texts were distorted or fabricated to serve the scholars’ purpose ts on the face of It absurd, Tt requires a vast conspiracy among huge numbers of people over many generations. It requires that conspiracy to have been sus- tained in the absence of a central political institution empowered to determine religious or legal doctrine. It requires the conspiracy to have been kept hidden in the presence of well documented personal and doctrinal disagreements between individuals and groups, alongside the even better documented history of religious / political factionalism during the formative and subsequent periods. Finally, the claim requires thc conspiracy to have been combined with a huge incompetence on the part of the scholars to amend or add ta the source texts in a way that would serve theie purpose, Modern textual critique of the serip- tural texts of Christians and Jews has demonstrated ‘layers’ of human ‘editing’ in different periods, identified by the occurrence of concepts, idioms and social practices, and by allusions to historical incidents, that are datable with some certainty. We are required to believe that the ‘editors’ of the texts of Qur'an and Sunnah werc so incompetent that they could not even introduce into those texts wording that would decisively secure the wav Muslims should divorce or divide in- heritance, even the detall of how they should pray and when. Instead, the settled practice of different regions and epochs vaned, albeit not in everything and not by much, and they continued, over many gen- erations, to agree and disagree and record their consensus and their disagreements,
The traditional Muslim history of the evolution of figh, without the dubious benefits of Western revisionism, has the merit of econ- omy in its explanation and greater efficacy in being able to make sense of the available material as a whole, (That is not to deny, what the Muslim tradition itself conscienuously records, that in interpretive
‘a AB ELAN TEAL
commentary on the Quran and to meer the needs of preaching and inspiring people, some sehelars allowed themselves to make use of, write down and so circulate, Jwabs that the Addit specialists have shown to be extremely weak or even fabricated. But those are areas removed from fgé and not directly relevant to the subject of this
book.)
FURTHER READING {oa Hanja ai ije
On tbe hfe of Abi Hanitah, Shibil Nutmam’s (d. 1914) uf) IN awe in Urdu has long been famous, often printed and translated, including mto English. The fest part of itis a detailed biography of Abū Hamfah. Written a century age, it rehes on only a few oF the original Istopraphi- cal sources. Shibls talent vas perhaps more literary than scholar; he lacked. che eve of an expert ente of adi and has ler into his work much information that is unreliable, along with many, obviously exag- perated anecdotes. Nevertheless, it i8 à good work to srart with and 1 benefited from i in preparing this account of Abu Elanitah.
A more developed biorraphbical study 1s 2 fos P Hagae hayateher ia -Au dea ara u-Da wa Dgbu-hs hy the Egyptian scholar, Abū Zahrah SIuhammac. Shavkh Abo Zahrah is a well-known jurist and author ot biographies of founders of all che major schools of the law. fie ts a better critic than Shibli, and bis work is more balanced. Tt too is available in English ceanslation.
Another late, ood biography, availible only in its original Arabie, is Wahbi Sulayman Ghawtyt alAlbanPs o Low Hevsifel ab Na man. d deals in a balanced way with the time of Abū Hanifah, the rivalry between the peaple of dedi and fel, le gives due prominence toa Aba tianttah’s contribution to Seb burn in explaining its distinguishing features, ides noc adel much te Shilsl’s work,
SOLRCES AND PLRTHER READING) 1237
Aba Hanifab’s figh
The second part of Shibl''s book’s deals with the fob of Abu Hanifah. There is a lot of good material inie but Shibli seems to me too keen to present Abu Hanifah as a hero at the expense of undermining the contributions of other famous experts of gb. Also, while explaining the good characteristics of Abū [Tanifah's fig/s Shibli has attributed to It the virtues of [Islamic fg in general. Aba Zahrah's study deals with Abu Hanitah’s distinctive contribution to figs more persuasively.
To appreciate Abu Hanitah’s achievement, one needs to study his figh directly. It is now mostly accessible in the compilations ot his students, notably Qadi Aba Yusuf and Muhammad al-Shayhani. from their works one can get a sense of what Abu Hanitah received from his predecessors and what.he added to their legacy. One learns also how Abu Hanifah's mind worked on the original sources, how he dealt with opposing arguments, and how he applied analogy. More importantly, one learns how Abo Hanifah reflected on the needs of his ume and his response to those needs.
To understand how Abo Manitah’s work was carried on and con- solidated in the later period, the most useful books are al-Sarakhsr's a£ Mabrat, al-Marghinanl’s Hidayat alfrqh and al-Kasanrs Bada; The last cwo arc particularly well-organized, systematic expositions of Hanati Jigh. They shed light on how Hanafis of the later period dealt with the criticisms and objections raised against their fg by the experts of other schools, by specialists in Bed, and also by experts in the ‘rational’ Cag} sciences.
Muhammad al-Shavbani’s Kitab atblunah Sada abl ai-Madinub remains a most valuable, scholarly defence af Abu Hanifah’s jg against the objections of the scholars of Madinah and some of the ssibaddithsir of his ame. The work strives to prove that the people of Frag followed the Prophets sanais more tigorously than the people of Madinah. Also worthwhile in this category of work is al-Tahaw?s Véaré Maan? aé-athar. By the time it was composed, the identification of the Sunnah with bah
128 ABC HANIFAH
texts had been established, as also more or less definitive compilations of the corpus of such texts, Al-Tahawi vigorously defends the Hanafts’ reliance on Aadiths.
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al-Hlavtami, Abu |-“Abbas Ahmad, Ibn Hajar al-Makki (d. 975). a^ Khayru! al- Disan ff manag al man al a'zam "dr Ehentfab af Nu man, Karachi; Madinah Publishing Company, n.d.
Ibn *Abd al-Barr, Abu *Umar Yüsut (d. 463). Kaab al- figa? j fada il ula mtt al-Hialatbat a -fugaba?. Beirut: Dar al-Kutub al-*1lmivyah, n.d.
BIBI MK KAPTIN IA
Ibn Abi Shaybah, Abd Bakr ‘Abdullah b. Muhammad, al-Kafi (d. 235). at Kitab abMusannaf ff Labadith wa-ldathér, Rd. Muhammad SAwwamah, Beiruc Dar Qurrübah, 1995.
Ibn ajar, Ahmad b. *Ah, al-*Asqalani (d. 852). Tababib ai-fabalih. Viyderabad: Darirar al-Ma‘anf al-Tithmaniyyah, 12 vols., 1325.
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Ibn Khallikan, Abu ]-"Abbas Ahtnad b. Mulianimad (d. 681). HP afayart af-at yan. lid. Thsan ‘Abbas. Beirut: Dar Sadir, 8 vals., 1397/1977,
Ibn Majab, Mubarnmad b, Yazid al-Qazwini (d. 273). a/- usas. Beirut: Dàr al Kutub al-llmivyah, 1419/1998.
Ibn al-Nadim, Muhammad b. Ishaq (d. 380). Keab uf Fzbrzst: Beirut: Dar al- RKutub a! “Ulmiyvah, 1416/1996,
lbn Sad, Muhammad (d. 230. Tabagat ai-enbni, Leiden: Brill, 1904-15.
a] Istahani, Abu Nutaym (d. 430). Hilat ulawliya’. Cairo, 1351/ 1932,
al-Jabrati, Ibrahim Mukhtàr. Ahmad. W'agy;s? a^ IDesam aa zam ^ar blanijah al iN man dla tlmidhi-Ii Ys] b. KBalid al-S amt al-Basri. Cairo, 1936.
al-Kardari, Muhammad b. Muhammad (d. 642), Manāgib ai-Dmast ala yam Abi lH lanijab. Hyderabad: D@irat al-Ma‘arit al-“Lithmaniyyah, 1321.
al-Nasani, ‘Ala? al-Din Abū Bakr b. Mas'üd (d. 587). a^ Bad alsandT licirur: Dar al-Kutub al-"Hmivyah, 1418/1997.
al-Kawthari, Muhammad Zahid (d. 157 D). Ta^uib a-Khatib. al- Baghdad; ‘ala må sage bu fr tatjamat AT Uentiah min abakadhib. Kaike Maktabah Islamiyyah, 1403/1985.
al-Makki, Aba ]--Mu'avvad Muwaffaq al-Din Ahmad (d. 568). Menagib af- Dian ula gam Abr Vlantjab. Fvderabad: Da'irat al-Mafárif al-Lithmaniyyah, 1320.
al-Marghinant, Burhan al-Din SAN {d. 593}. Hidayat al-fiqh. Cairo: Maktabah Mustafa al- Babi al-fLalabi, nicl.
al-Mizzi, Abu l-Hajjay Yüsuf (d. 742). PVabedbib al-kamai B. asma? at-rija. Beiui: Murassassat al-Risalah, 33 vols., 1406/1985.
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133. ABU HANIFAH
al-Ourashi, Abu Muhammad ‘Abd al-Qadir (d. 775). etfawabir afumdtya f tabagat al Canafiyyah. Ed. “Abd al-Fattah Muhammad al-Hulw. Cairo: Matba‘at *[sà al-Bàbi al-Halabi, 1398/1978.
al-Sarakhsi, Aba Bakr Muhammad (d. 482). a4 Mabsat. Cairo: Matba‘at al- Sa'adah, 30 vols,, 1331.
al-Shaybanr, Muhammad b. al-Llasan (d. 189). Kitaé a-Hujjab ‘ata abl ab Madinah. Hyderabad: Da’irat al-Ma‘arif al-“Uthmaniyyah, n.d.
Shibli Nutmani (d. 1914), a/NeSwax, Azamgarh: Dar al-Musannifin, 1936. (English transl. by M. Hadi Hussain, Delhi, 1998.)
al-Suyun, Jalal al-Din ‘Abd al-Rabman b. Abi Bakr (d. 911). Tabyid aé-rabifab H- mandgib al-lmam Abi Hanifabh. Hyderabad: Da'irat al-Ma*arif al-*Uthmànivyah, 1990.
al-Tahawi, Abu Ja*far Ahmad b. Muhammad al- Azdi (d. 321). Arb Mafan af a&ibar. Beirut: Dar al-Kutub al-Ilimnivyah, 1996,
Ihànawi, Zafar Ahmad *Uthmàni, Abs Hanifah mwacbabs-hs abnmbaddihin. Karachi: Idarat al-Quran wa-l-Ulum al-Islamiyyah, 1414 AH.
al-Tirmidhi, Muhammad b. *Isà (d. 279). alSwnan. Ed. Ahmad Muhammad Shakir. Cairo: Mustafa al-Bábi al-ETalabi, 5 vols., 1398/1978.
Wahbi Sulayman Ghawiji al-Albant. 4é4 Henijed af-Na‘Swan. Beirut: Dar al- Qalam, 1393/1971.
Zubayli, Wahbah, Usa/ affigh aliai. Damascus: Dar al-Fikr, 2 vols., 1426/2005.
> 136-7 136 232 282 2b 43
59
Ao ka aS nig me
6 aH 90 72
65 GR 59
Index
Qurpànic verscs cited
4:
4
4:115
1 ja ui in
65 “YA
: 59 i) : ]ul
35. ]4
Prophetic traditions cited
: 16
]4: 42 14: 83 22: 24 27:14 AR: 76 48; 26 92:27 53; 1—4
thar the believers will never all agree Ml an error
that hursting: into laughter during praver 252/27) invalicdates... that caungy inadvertendy while fasting docs nat break thc fast that God loves to see on His slave the sins of His favour
89 88 89 89 88 45 59
INDEN
54: 46 62: 9 G8: 4 73; D) 98: 1-8
(of Fatimah br. Qaysi rhat, during her tidah, maintenance payments were not obligator on...
that livestock shoutd not be left unmilked for a long tine
(of Mu'adh ibn Jabal} that he would judge first by the Qur'an, then... that wabidh is wholesome dates and clean water that one or nyo occasions of breast-feeding suffice to establish...
133
63 64 66 31
134. ABU HANIFA
that praver {sakat 1s invalid without a recitation of tbe Fatihah 59 that the Prophet, in prayer, did and did not raise his hands when... 74 that the Prophet was pleased with Ibn Mas*üd as exemplar 24 that saving "Thete is no pod but Crod leads 16 success 89 that à woman necds a guardian’s permission to marry ?
that you and your wealth belong eo your father 4 that sade (alms-tax) is not due on horses 74
Geographical terms
Abyssinia, 4
Arabian peninsula, 1
Badr, 26
Baghdad, 14, 39-40, 83, 97, 105, 107- 8
Basrah, 11, 12, 21, 23. 2 4, 26. 7, 30, 37-89, 41, 55, 70), T7, 86, 93, 95, 97. 106
Central Asia, 1, 106
China, western, 1, 106
Damascus, 12, 16, 30, 78, 11 !
Egrypt, 10713, 34, 51, 105—6, 108, 114
Crreater Syria (al-Sham}, 10, 11, 55, 105
Hijaz, the, 23, 30h, 35
liriqivva, L06
[ndia 2, 106, 108, 111,113
Indus, 1
[rac, 10, 13, 26, 28, 31, 38-9, 62, 70, 76—7, 82-3, 106, 115, 127
Jordan, 105
Kabul, 21
khavzuran, 461
Khurisan, 90, 95, 106-8
Kufah, vin, 13-5, 28-35, 37-8, 40, 42, 48, 50—4, 37-8, 65, 68— 7U, 735-7, 81,83, 95-6, 103-6, 110, 112, 116,
121. 131,133, 136—7, 142, i46, 162, 164
).ghanon, 143
Maghreb, tng, LG
Madinah, 3, 7, 10-12, 16, 26-8, 30, 44, 35, 38, 51, 53, 55, 60, 7, 78, 83, 03, 106, 127
Makkah, 11—12, 23, 26-7, 29-30, 33, 51,533 5, 62, 70, 90, 93
Mediterranean world, the, 123
Mina, 3
North Atnca, 1, 006, 143
Palestine, H15
Persia (Iran), 21-2, 86
Raqqah, 94, 105
Rayy, 99, 007
Russia, 1
Scandinavia, |
Sicily, 106
Spain, 1
Sudan, the, WS
Transoxania, 108
Turkey, 108, 114-16
Uzjand, 109
Yemen, 12, 13, 64
INDEX 135
Names of persons and groups"
"Abbàsid(s), viivii 1, 38-9, 58, 81, 9B, 101, 104—5, 108
Ahd al-Karim b. Umasyyah, Z7?
‘Abd al-Malik b. Manvan, 23
“Alnd al-Rahman b. ‘Aw, 8
‘Aba al-Rahman 5. Mahdi, 34
"Abd al-Razzuq, 96—7
‘Abdullah b. ‘Abbas, 30-1, 33, 33-7, 55, 03
‘Abdullah b. Abi Awa, 24, 33
CA Dxlullih b. al-Mubarak, 13-14, 28-9) 4t), 5-2, 82, $4.94, 96, Lue
* Abdullah b. Buravdab, 2» |
‘Abdullah b. Dawid al-Khuraybi, 51. 52
* Abdullah b. Farrükh a1 Plans 106
Abdullah bh. Mas*üd, 8, 10, 35-6, 46, 53-5, 62, 66, 75-8, 93-4, Lo
‘Abdullah b. al-Aubayr, 334
“Abidah b. “Ame al-Salmant, 34
t Abdullah b. ‘Limar, 30 6, 55, 73, 82, 94
‘Abdullah b. “Umar al-labust, 112
Abt ‘Asim al-Dahhak: see al-Nabil
Abu "Ubaydah b. al-Jarrah, §
Abt Ayyah, 12
Abt MAbhbas al-Saftah, 34
Abo Bakr al-Sicddig, 8, 36, 49, 64, 91
Alvi Bakr al-Hudhali, 30}
16
Abu Bakr b. *Abd al- Rahman b. al- | fárith b. Ha«m, 11
ibu l--Darda?, 8, 160, 12, 31
Abt Dawud,
Abe |-Fad] al-Mawesili, 111]
Abu lHanifah, Passim.
Abu Fatim, 33, 35, 121
Aba Hagtin, 35
Abt Hurayrah, 30-2, 345, 62-4, 73, 82, 953
Abt Ishag al-Sabty, 30, 33
Abu Ishay al-Shaybani, 25
Ala fa‘tat al-Mansür, 34
Abū IA lasir al-Balkhi, 107
Alu Müsà al-Ash*'ari, 8, 53-4
Abo Muslin of Khurasan, 38
Abhi Sa'id al-Khudri, 94
Abt LTufayl ‘Amir b. Wathilah, 23, 33, 35, 37
Ahü Wal, 25, 33-5, 37, 55, 75, 82
Aho Yasut, Gadi, 1, 14, 41-4, 40, $2, 57, 83, 85, (I3, 96, 98-100, 1604—35, 122, 127
Abü Zahrah Muhammad, 126-7
"Adi b. Hatim, 30
Ahmad b. Tanbal, 33—4, 69-70, 80, 83, 90, 93-7, 99-100
CVishah, 7-8, 30, 32, 3446, 55, 03-4
Akmal al-Din Mahamimad ab Babart, 11th
la the alphabetical arrangement of the entries in this and che following:
indexes, the. Arabic. definite. article. (u/5 and the Taya (marked by $j) are ignored; the longer vowels (marked as à, i, 0) and more strongly pronounced consonants (marked as d, b, s, t, z), are ordered as the same
characters unmarked.
136 ABU HANIFAH
‘Asim al-Ahwal, 25, 94, 95, 97
‘Asim b. Sulayman al-Ahwal, 27
“Ata b. Ab: Rabah. See
‘Alawis, 38
‘Ali b. Abi Talib, 8, 22, 26, 28, 35-6, 38, 53-5, 91, 94—6, 100
' Ali b. al-Madini, 33, 80, 93, 95, 97
‘Ali b. Muhammad al-Bazdawi, 112
al-Atmash, 30, 32-3, 75, 82, 95, 98
Amit Badshah Muhammad Amin, 113
‘Ammar b. Yasir, 8, 53
‘Ame b, Dinar, 28, 30-1, 33
«Alqamah, 11, 32, 35-6, 52, 54-5, 62, 100
Anas b. Malik, 25, 25, 51, 33, 82
al-Anqirawi, Muhammad b. Husayn, 111
Asbagh, 70
al-Ash‘ari, Abu l-Hasan, 86
al-Aswad, 11, 32, 36, 52, 54-5
CAR b. Abi Rabah, 11, 22, 27, 30, 58, 9344
Awrangzcb ‘Alamgir, 111
al-Awzai, 11, 23, 28-31, 51, 60-2, 82. 86, 93, 99, 104
al-‘Ayni, 113
Ayyab al-Sakhtiyani, 27
al-Baghdadi, 21, 25, 31, 37, 43, 45-6, 49, 51-2, 58, 82-3, 91-2, 94-7, 106, 122
al-Báqir, Muhammad, 82, 94
al-Bayhaqi, 93
al-Bukhari, 33, 54, 59—61, 63, 74, 79— 81, 93, 95—7, 107, 113, 121
Buraydah b. Khusayb, 93
al-Dabüsi, Abü Zayd, 112
al-Diraqutni, 23, 73, 81, 91
al-Darimi, 77
al-Dhahabi, 22, 25, 29-33, 35, 39, 41, 43-4, 50, 52, 54, 56, 62, 83, 92, 95, 97. 99, 100, 104, 122-3
al-Dibàj, Muhammad b. Ibrahim, 39
al-Fallas, ‘Ame b. ‘Afi, 33, 95
al-Parghani, Qadi Khan Fakhr al-Din al-Hasan, 111
Fatimah bt. Qays, 30, 72
Hadi, 98
Hafs b. Ghiyáth, 57, 95, 97
al-Hakam b. Utaybah, 34, 55
al-} lalabi, Burhan al-Din Ibrahim, 110
Hammad (son of Aba Hanifah), 41, 50
Hammad b. Abi Sulaymán, 21, 24—6, 32, 34, 37, 40, 55-6, 71, 100
Hammad b. Salamah, 25
Hanafifs) , vii, x, 6, 20, 63, 70, 75, 81, 87, 99, 101, 103, 105-15, 123, 127
Hanbali(s}, 6, 70, 100
Haran al-Rashid, 1, 44, 94-5, 98-9, 105.
al-Haskafi, ‘Ala? al-Din 111, 115
Hasan al-Basri, 11, 22, 25, 27, 42, 46, 55, 58
Hasan b. Salih b. Hayy, 60
Hasan b. Ziyád, 41
al-Haytami, 26, 29, 39, 42—3, 45—6, 48, 51—2, 58, 69, 82, 83-5
Heffening, W., 123
Hisham b. ‘Abd al-Malik, 31, 37
Hisham b. Urwah al-Zubayr, 34, 94— 5, 97, 98
Hudhayfah b. ai-Yaman, 8, 55, 82
Humayd al-T'awil, 94—5
Hushaym b, Bashir, 96
Ibbadis, 107
Ibits, 89
Ibn ‘Abbas: see SAbdullah b. Abbas
Iba *Abd al-Barr, 60, 91, 103, 122
Ibn Abi Awfa, 33, 35
Iba Abi Dàwüd, Ahinad, 107
lbn ‘Abidin, 1t1
Ibn Abi Layla, 38
lin Abt Shaybah, 80-1, 93-6
Ibn Ahi Hàrim, 3bà Mubammad, 121
Ibn Amir al-Hajj, 113
lbn Dukan, Abü Nu'aym al-Fadl, 96
Ibn Hanbal: ze Ahmad b. Hanbal
lbn al-Humàm, Kamal al-Din Muhammad, 1170, 173
Ibn Jurayj, 12. 4}, 51-2, 93, 97, 104
Ibn Khaldun, 112
Ibn Khallikan, 27 :
Iba Man, Yahya, 80, 82, 92-3, 95-7, 99, 106
thn Majah, 96
Ibn Mas‘td: see Abdullah b. Masfud
fbn Mazah, Burhan al-Din, 111
Ibn al-Mubarak: see ‘Abdullah b. al- Mubarak
Iba al-Nadtm, 85, 99-100, 107, 122
Ibn Nujavm, 110, 113
lbn Sirin, Muhammad, 22, 27, 30, 58
Ibn Sa‘d, 26, 34-5
ibn Shubrumah, 39
Ibn Hajar, 122-3
Ibn Hazm, 10, 69, 114
Ibn ‘Umar: see SAbdullah b. Ulnar
Ibn Uyaynah, Sufyan 26, 3445, 37, 97
al ‘Ijli, 33-4, 56
Ikrimah, 22, 28, 35
‘Imran b, Elusayn, 30)
al-Isfahani, M, 55
Ishaq b, Rahawayh, 34, 96—7
Isma‘il b. al-Yasa‘ al-Knfi, 106
INDEX. 137
Isma‘ll, grandson of Abù Hanifah, 41-2, 49
Jabir b. *Abdullah, 12, 51, 33, 35, 82, 93
al-Jassas, Aba Bakr Ahmad b. *Ali, 112
Jjahm b. Safwan, 88, 90
Jahmiyyah, 86
Jar b. “Abdullah, 30)
Jid b. Dirham, 90
al-Kardart, | {atiz al-Din al-Bazzazi, 89, 111
al-Karkhi, Alu ] Hasan, 63, 112
al-Kasani, Aba Bakr b. Mas‘id, 109- 10, 127
Kharijis (Khawary}, 24-5, 86, 89
Kharijah b. Zavd b. Vhahir, 11, 28
al Khassaf, Aba Bakr Ahmad b. “Umar, 168
al-Kasa'l, 99
Kutavb, 35
Laxth b. Sa*d, 11, 13-14, 23, 29, 31, $1,61, 104
Malik b. Anas, 11, 16, 23, 28-30, 32, 34. 51, 61, 69, 78, 82-23, 85, 934, 99.100, 104, 122
Maliki(s), 70, 106
al-Mahbuübri, *U'haydullah b. Mas'*üd, 113
Mahmuüd b. al-Rabr, 23, 31
Maman, 41
Mahdi, 98
Makhül, 13, 22, 30
al-Makki, Abü l-Mu'ayyad 24, 45, 48, M
Makki b. Ibrahim, 42, 52, 96
Mansur (Abbasid caliph), 38-39
Mansür b. al-Mu'tamir, 35, 55
al-Maudisi, 106
al-Marghinani, 110, 127
138 ABV HANIDPAH
Marwan al-Himar, 38
Masrüc, 55
a.- Maturidi, Abü Mansür, 86
Maymunah, 35, 37
Mis'ar b. Kidam, 25, 49, 82, 84, 99
al-Mizzi, 29, 35, 125
al-Mughirah b. Migsam, 23, 34, 56
al-Muyhirah b. Shu*bah, 30
Mubarntnae) b. SAbdillah al- Ansari, 96
Muhammad b. al-I lasan al-Shaylsaini, 57, 83, 85, 93, 98—]GU, 104—5, 108- LO 103 132 127
Muhammad b. Nàásr al-Marwazi, 107
Muhammad Gadri Pasha, 114
Mu'adh b. Jabal, 8, 64
al-Muhtadi bi-Mlah, 108
Mujahid, 35
Mulla ‘Abd al “Ah Bahr ai Ulan, 113
Mull ‘Ali al-Qart, 8°
Mullä Khusraw Mubamosaed, 110, 113
Mulla Muhibbidlah ls, ‘Abd a) Shakur Bihari, 113
Murj?ah, 86, 89-90)
Muslim, 80, 96
MiuStavilis (MuStaziahj, 24, 86, 107
a? Muzani, 119
al-Nalil, Aba ‘Asin: al-Dahhik, 96-7
Nafr, 22, 34
al Nakhi'i, Ibráhim, 11, 25, 32. 4, 36, 40, 55, 58, 602, 71, 73, 94, 9^. 10r
al-Nasa"i, 96
al Nasafi, Abà 1 Barakát, 110, 113
al-Nawawi, 16
Nu man b, Bashir, 33
Orttoman(s), vin, 11175
(adi Khan l'akhr al-Din al-H2asan al- l'archani, 111
(adariyy ah, 86
Qatadah, 27, 30, 33, 35
al-Qurashi, 97, 99
al-Qasim b. Muhammad D. Abt Bakr, 11, 28
al-Qudüri, Aba ]-Husaya, 109-10
Rabi b. Khuthaym, 54, 55
Rabr'at al-Ra^, 78
Rafidits} (Rawatid), 49, 86
Ratt b. Khadij, 34
Sa*d b. Abi Wagqis, 33
Sahl lb. Sad, 23, 31
al-Sa'ib b. Yazal, 23
Sad lh. Abi SArabah, 93
Said bb. Julave, 25, 34 5, 94
Sad I, al-Musavy ab, 11, 16, 25, 28, 30-1, 33-4, 58, 61
al-Sajiwanci, Stray al-Din Aba Tahir Muhammad, 111
Salimah h, Kuharl, 35
Salim b, “Abdillah b. “UL nyar, 11, 34, 94
saljuqs, 105
al Samarqandi, Abu l-Layrh, 87
al-Samurgandi, ‘Ala al Din Aba Bakr, 109, 113
al-Sarakhst, Abü Bakr, 109, 113, 0127
Schacht, f., 123
al Sha*ta, 13, 24. 5, 30, 52, 35 6, 55, 58,94
al-Shafr‘l, 61, 69-71, 83, 99-101, 14, 109, 123
ShanSfs?, 100, 103-9, 113
al-Shashi, Nizam al-Din, 113
al-Shavbacu: see Mubamunas b. al- | Jasan
Shaykhzàde ‘Abed al-Ranman b. Muhiunimad, 110
Shibli Nu*ináni, 38, 63, 126-7
Shris, Shisih, 25, 91, LO?
Shufbah b. Hajjái. 25, 33, 441, 52, 82, U7
Shurayh Io, al-Harith ai-Kindli, Qacli, 34. 54
Sufyan al-Thawri, 23, 25-6, 29. 33-4, 45, 51-2, 00-1, 82, 93—4, 97, 99, 104
Sufyan b. *Uvavnabh: ree Ibn *Uyaynah
Sulayman al Taymi, 94 5, 97-8
Sulayman b. Yasar, 11, 35
Sunni(s), 17, 107
al Suvüri, 23
al- labari, 107
al-"Taftázani, Masfid b. Sa*d, 113
al Taháwi, Abà Ja*far, 69, 87, 08. 9, 127-8
al- Tahtàwi, Ahmad b. Mubammad, 111
Tawus al-Namanl, 22
al-Thanawi, 52
al-Thawri: see Sufyan
al- Tirmiclhi, 55, 72, 93, 96, 106
Ubayy b. Rab, 8
"LU baydulláh b. *Abdullah b. ‘Tirbah lb. Mas'üd, 1!
‘L'mar b. ‘Abd al-SAziz, 31, 34
"mar b. al- Khattab, 8, 10, 21-2, 32, 36, 41, 49, 53-5, 62, 64, 75, 91, 93-4
L'mm Salamah, 34
INDEX 13)
T'rwah b. al-Zubayr, 11, 28
‘Uthman b. *Affan, 8, 36, 54—5, 85, 91
Wahbi Sulayman Gshawiiji ai- Albani, 126
Waki b, al-Jatrah, 82, 99-6, 98, 16
Yabya b. Abi Kathir, 27, 30
Yahya b. Abi Z@idah, 37
Yazid b. Haàarün, 95, 95-6
Yabva b. Main: ser Ibn Malin
Yahva b. Sa'id al-Ansiri, 95, 98
Yahya b. Sad al-Qarran, 33, 81-2, 92, 95
Yazid b. Umar b. Hubayrah, 3?
Yusuf b. Khalid al-Sama, 106
Zahid al-Kawthan, 122
Zayd b. SAL, 37-8
Zayd b, Argam, 31, 33
Zayd b. Thabit, 8, 35
Zaydis), 107
al-/aylad, Fakhr al-Din *Uthman, 110
Zitr b. Hubaysh, 54
Zutar b. al-Hudhayl, 24, 47, 57, 91— 93, 98, 100, 106
Zuhavli Wahbah, 70
al-Zuhri, Ibn Shihab, 16, 30-4, 61-2
Keywords, concepts, topics
Abū Ilanitah: pestir, his appearance, 50; approach to pedih tav}, 60; attitude to the Companions, 91; constancy with the Quran, 44, cnücized I»: al-Bukhar, 80, 121, al- Baghdad, 122, Ibn. Abi Shavbah, 80; daily routine, 49; dependence on Hammad, 57; doubtful things, avoidance of, 42; faith / theology, 31; following the practice of Kufah, 56,
71; funeral, 39; highness of his 75d, 61; honesty in business, 42; unprisonment, viu, 37-9, 57; influence on adits specialists, 106-7, influence on minority seces, 107-8; intelligence, 31, 56, 86; major students, 94-8; major teachers, 29- 3 livelihood, 42; name and ancestry, 21; narration of hadith, 92- 6; ner strictly a narrator, 121;
140 ABÜ HANIEAH
personal merits, 42-50; poisoning of, vin, 39; relations with “Abbasid regime, 37-9; relations with contemporary jurists, 50-2; written works of, 85; revision of opinions about, 29, 79
ablution, 66, 68, 7 3; seg wedi”
abrogating atl abrogated, Abu Haritah on, 59
academic apparatus, 11; see imad
adaptation of the law, 4, 17, 102
administration: ‘Abbasid, vili, 99; judicial, 16, 105; role of Hanafi scholars in 85, 94, 104-5, 108
adversarial cases, 15; see judges, qada?, yadi
ahns-tax, 5, 74, 102, 117; see gaah
anecdotal matenal, ux, 14, 49, 122, 126
Annunciation, 3
Arabic: grammar, 99; language, 33, 76, 78, 104; literature, 57
assimilanve temperament of Islam, 3
authentic {itv}, of Adit texts, 18-19, 6-1, 79-80; of Quranic text, 59; of Islamic law, 51, 119
authority: to derive legal rulings, viu—x, 2-- 4, 17, 3%, 101, 103, 115; of Hanafi jurisprudence, 105, 116; of Islamic scholars in sociery, ix, 16, 20
hackbiting, slander, 44 6, 97
hackground to the development of the law, ix, 1,5
harher, who rebuked Aba [lanifah, 27
benefit, che public, as legal argument, 74
hooks: demand for, 13-14; of the Sunnah, 19; of Hanafi rolings used by orhers, 69, 83, 99
breast-feeding, 72
caliph(atc), vui, 8, 16, 22-3, XI-1, 57- 9,41, 44, 49, 53-4, 64, 75, 94, 99, 105, 108, 114
capital (city), 22, Z6, 28, 55, 108
caution, the way of, 84
chapter-tides ot al-Hukhari’s Sahih, 80)
character, the exemplary: of Abu anitah, ix, 44, 49-50; of che Prophet, 6-7, 54-5
charity, 5, 42-3, 117
chastity, 5
Chief Judge, 1, 105
Chrisuan(ity), 2, 3, 5
circulation of wealth, 6
Civil war, 5, 12; see afro revolt
civilizational space, 5
cabbler (neighbour of Aba Hanifah), 48-9
colonization, cffects of, ix, t14
commentary (-les): on the laws, 17, 87, 108—13; on the Quran, ?, 104, 126
Companion(s), the, of the Prophet, 6, 8—10, 12-13, 183, 23, 26—37, 53-9, 61—2, 64, 67, 69, 73, 75—7, 79, 47, 21-4, 102, 119; Abü LH anifah's attitude to, 9]
compilation, systematic, of Kufan t lanaft rulings, vii, 12, 17, 56-7, RO, R5, UR, 10, M04, 128
conscience and reason, 9, 10, 59, 103; see iibad
consensus, 5, 57—9, 64, 125; see pa
consultative body to discuss rulings, 58
contracts, 3, 63, 72, 85, 114, 117
cantroversics about religious dogma, 62, #7, 89
capyists, 13
criminal code, 102
cnucal thinking, 28
criticism of state authorities, 94
cridque: of adits, 11,81, modern textual, 125
custody of children, 118
debace and discussion: creed, dogma 24—5, 80-7, 9: laws, x, 15, 57, 62, 86, 103, 114
deception in contracts, 63
deposits for safe-keeping, 4]
dicta, legal, vit, 8, 57, 83, 95
dictary regulations, 102
differences: among scholars, 4, 9, 46, n6 7, 123; recording of, $7, 125
differentiating fadth and figh, 76, 81
dynasty ( les), vii vii, 104—5
case fas jurisuc argument, 102
economic dealings, 6, 116
econamic, potincal agency, 116
education, system of, ix
efficiency (as juristic argument), 20
endowments, 108
equity (as juriscc argumenr), 63
erosion of Islamic lifeways, 20, 113
errors oF judges and jurists, 56
ethos (Islamic), 5, 9, 20
everyday affairs (ms'arrdat, q.v. viil, 10, 18, 63, 114, 124
expansion of Islamic rule, 10)
expertise), specialization, 2, 19 -20, 23,
26, 30, 33, 37, 48, 51-2, 55, 57—8, 63-4, 69, 76—7, SUL 1, 84. 92, 1(I4, I08-9. 123, 126 7
expiation, 67
extension of (Juran and Sunnah: law understood as, 31, 118; by anatogy, 68, 102; see juristic anal yr’, gigas
Fabricated, Gf)
factions, Ix
INDEN LH
fairness, 4
fasting, 62, 73, 102, 117
father af Aba Hanttah, 48
tarbcarance, 46
forbidden things, avoidance of, 44
formalism, 17
fundamental, general principles, vu, 2, 4, 8, 19-20, 57, 74, 78
tuncral praver, 39, 48, 55, 67
generosity, 42, 44, 47
gentleness, 98
Gaod-wariness, 44, 51
governor(s), 12, 14. 16, 48
Greek philosophy, 2
hardship and harm, removing fas juristic argument, 1U2
hearing, 7, 11, 94, 97
Hanafi school: being the most popular, vi; consolidation, curricula, set texts of, 17, 100, 100, 113, diffusion o£, 104—7, 112; methodology of (sil al-figh, 4.v.), 1t 2-14; major works of, later period, 108-11; modern period, 11445; nor found in Madinah, 106; as Jurists' wadigon, 112; reflections on faturc of, 3115-20; shift of, co Baghdad, 105, 108; supported by “Abbasid state, Si
Hellenic heritage, $
hell-fire (the Fire), 45, 61, 88, 90
heretic, 46
Hirah, 5, 13
hoarding, 6
humility, 46
hypothetical cases, 78
inheritance, book o£, 85
injunctions: 102; explicit, E18
innovator, 28
142) ABC HANIFAH
inquisition, D
intoxicants, 5, 65
Islamic: character of thc law, ix; language and spirit, 78; milieu, 2; rites, 117; rulings, 8; tcachings, 8; temperament, 2, 3, 8, 19-20; way of life, 117
journeys, see scholars: travels of
judye(s), 2, 8, 15, 56, 85, 94, 108; see airo qada’, qadi
judgement on balance, 19-20
jurisconsults, 15; see iff?, mutti
jurisdiction, 1, 3, 56
jurisprudence (Age): passin, Ab Hanifah's training in, 25—6; characteristics of his, x, 70, 101—4; his major teachers of, 30-6, Hammad, 37; praise of his, by other masters, 51-2; as extension of Quran and Sunnah, 11, 51, 62, 71- 3; extensions of, through disciplined reasoning, 63-70; having aptitude for, 11; leadership in, 11; linked with Aadités, 19; masters of, among Abu Hanitfah’s students, 98-144); related to worship (radar, q.v), 73-4; related to everyday affairs (mn “dmatat, q.v ), 74-5; sources and principles of, overviewed, 58-9; tensions/ rivalries with Bad specialists, 76-85, topical arrangement of, 57; written works of Abū Hanifah on, 85—6;
jurist(s), 2, 15, 20, 26, 34-5, 38-9, 41, 54-7, 61, 70-5, 78, 81-2, 100, 106, 111-16, 121
junstic: analogy, 7, 28, 57-8, 62-9, 74, 102, 127 (see gids); implications of reports, 76; knowledge, 16
Kufan school x, 50, 53, 56, 58, 98, 104—7; as background of Hanafi figh, 70; Abt Hanifah’s development ot, 57—8; carrying figh ot other centres, (Makkah) 27, (Madinah) 28; focus of Companions’ fgh, 26, 53-4, 71; influence of, on non-Suoni sects, 107; rulings of, widely circulated in 2nd c., 104; spread of, to other regions 105—6; surviving *Alibásid support aad decline, 105
law, the: centrality of in Islam, 3, 5; broad principles o£, 74; culture of, 114; derivation of, ix, 25, 11, 22, 65, 67-8, 79, 92, 124; pioneers in development of, viti-ix, 2, 23, 83, 104, 117; and social order of Islam, 1, 2, 5, 83, 115, 11 7; sources of, 9; spheres of, 101; symbolic and pracucal power of, 9; spirit and letter of, 118-19; taking as a whole, 20, 69, 116, 11 8, wisdom of, 69, See also: legal
leftovers of birds of prev, 69
legacy, x, 1, 3,83, 101, t05, 108, 127
legal sources: harmonizing, 117; hierarchical relationship of, 58; see nsl al-fiqh
legak artifices, 108; cause, 65; import, 19, 26, 30, 60; method, vii, x, 10, 58, 68, 80, 103, 106, 112, 122, 124; rulings, 112; testimony, evidence, 67; theory, 112
localiues, 10
Maliki(s), 70, 106. See ako Madinan school; Mreratta
Macinan school, the 78
manx from many (zawatir, q.v. ), 8, Gi)
Mejelle, the 114
memor, memorizadon, 7, 11—12, 18, 31,33, 55, 70,85, 92 97
Messenger, the: see Prophet
method, methodology: see legal
migration, 5
militancy, 115
modernization, 4, 115
Mongols, depredations o£, 105
monopoly, 6
motal: agency, 116, 119; authority, 12: instruction, 19
mother of Abü Haaifah, 48
Muwatid, 83, 100
mysticism, 2
newcomers, 77
non-Arab, 21
nóon- Muslims, 3
oath(s), 38—39, 67
occult (of legal method), 4
paper, writing materials, 14
patience, 13
‘Poy, the’, 43; se vigil
‘people off the’: adith and fgh, 126, Madinah, 127, Irag, 127; see ahl al- Bayt, abl af-baditb, ubl a riy,
picty, viii, 9, 15, 20, 29, 41, 43-4, (01
pilgrimage, 12, 15, 27, 102, 117; see hajj
pilars of masjids, 14
polemical, ix, 112
police, 15, 49
political: authorities, 16, 47; divisions, 77; leadership, 5
politics, ethics and economics, 116
popularity of Abū Hanifah, 4)
pracucability (as legal argument), 102
praver(s), 18, 27, 40, 43, 45, 48, 50, 56, 59-60, 63, 65—68, 70-1, 73, 75, 102, 117, 120; funeral, 39, 67; in remem-
INDEX 143
brance ol Abu Hanifah, 52; wnen travelling, 68; see also “asr, fajr, siba”, maghrib, salah, WIF, guir
prison, viri, 37-9, 109
professional(ism), 11, 14, 19-20, 49, ee
prohibited degrees, 64
Prophet, the, God's Messenger, saia- ahu Salayhi wa satlem, viti, 2, 4, 6-8, 14), 12-13, 18-20, 23, 26, 28, 30, 34- 5, 53-5, 98-64, 66-7, 72-3, 76-K, 82, 44, 89, 93, 102, 118-19, 127; accepting arbitration of, 6; as embodying Quran, 677; authority of, established in the Qur'an, 6; family of the, 54 (see abl al- Bayh; following the death of, 10; likeness of, in Abdullan b. Masfud, 54
Prophetic traditions (Padths), passior- abrogated, abrogating, 59, Aba Hanifah's adherence to rub (q.v.), 59, 66-9, 73-4, 102; his practice with abad (va), 62, rejection of, to follow Quran, 71-2, rejection of, te Follow Companion rulings, 75-6, his preference tor jurist-reported, 74; his study of, 23, (Kufah) 26, (Basrah) 27, (Makkah) 27-8, (Madinah) 28; his transmission of, 92— (se “Sis Books’); aequisidon of by Successors, 10; categonzation, ranking of, 18, 61-1; circulation ot, 11, 18, with dicta of Companions, 8; collection of by topic, 37; deriving, laws from, early specialists in, 11; difficulties of interpreting as law, 19-20); distinguishing as to legal, moral import, 19; distinguishing from Sunnah, 18, as establishing
144 — ABU HANIF'AH
constant or flexible norms, 102-5; expertise in, separated from jigs (q.v.), 20; hierarchy among dhad, 62, narrated by one source, 8, 13, 26, 60, 64, 75, 111 (see ahad hadiths, khabar al-wdhidy, privations for sake of, 13, rivalry of specialists in, with specialists in gh, 122, 126 (see ahi-al- Aadtth, abl al-ra*y), study of narrators of, 19; travelling for acquisition of, 12-13; use of in Hanafi fgh defended, 109, 127—8; variants in, 19; writing down of as ‘books’, 13, 19, 119; weak, 60-1
public courts, 15
public reason, 4, 103
Quran and Sunnah: 2, 4, 10, 14, 17, 19-20, 53, 58-9, 63-4, 48, 70, 78-9, $3, 101-3, 115, 117-20, 125; as a whole, 20, 69, 116, 118; attunemcnt to, 7—8, 10, 20, 115; anchorage of law in, 4, 103, balancing spirit and letter of, 73, 119; constancy and flexibility of, 103
Qurān, the: vüi, 2- 4, 6-7, 10, 12- 14, 17 -18, 20, 23, 26, 28, 35, 45, 48, 51, 53-4, 58- 60), 62-8, 70-2, 76-80, 83, 86-8, 90,91, 100-3, 107, 115, 117-20, 125—6; awe and majesty of, 17; revelation, 3, 5-7, 86; supremacy of, 71
reason, use of: analogical, see juristic: analogy; anchored in Qur'an and Sunnah, 4, 17; conscientious, 9-10, 50. 103, 113 (see ptibady; bv the Companions, 78; common methodology, 58; deferring ta hadiths, 72—3; impermissible for rites of worship (‘sddat, g.v.), 73-4, 101-
2,117; methods of, 7, 37, 68, 70, 117; not autonomous, 4, 117; piety and righteousness as qualifications for, 9; preferting over Aadiths, 19, 51, 74. 101—2; Zufar's talent for, 98
reconciliation, 19
religious and moral values, 5
resentment, 6
revole, rebellion, ix, 37-9
nghtcousness, 8, 9, 20, 41
rigidity in the ruling, 69
Roman: cmpite, 5; law, 2, 84
rules of evidence, 15
rulings disseminated, 58
schisms, sects, ix, 12, 24, 25, 31, 77, 86, 89, 107
scholars, passa, authority and status in society, vill-ix; emergence as distinct class, 12; exchanging knowledge, 13; poverty of most, 13; and the state, and state appointments, ix, 2, 15, 39, 58, 104, 108; travelling of, for knowledge, ! 2-213, 26-7, 55, 75. the wealthy among, 13
schools of law, 17
self-discipline, viii, 49
self-interest, 116-17
scniority in Islam, 53
sertnon-givcr, 48
Seven Jurists of Madinah, 11, 28 35, 57
silk merchant, 22, 42
‘Six Books, the’ of Aadith compilations, 6, 29, 96, 106
slave(s), 21-2, 67, 97; revered masters of fgh among, 22
social and pobtcal environment, 5
sources: explicit injunctions in, 8; obligation on students to cite, 17, 103
specialization: see professtonal(ism)
speculation, G
state, the: vili, 2, 12, 15, 16, 24, 28, 58, 81, 99, 101; secking legitimacy, 16, 104, 424. See adm scholars: and the state
Successor(s), 10, 11, 13, 18, 23-4, 26- B, 30, 58, 61, 69, 76, 78-9, 94. See tabi*r
Sunni, 17, 107
Sunaah, the: 2, 7-8, 10-12, 17-20, 24, 26, 28-9, 34, 51-2, 54, 58-9, 65, 67, 76-80, 86-7, 97, 102, 119, 127; rejection of, 77-8
supplications, 18
textual history, 19
theology, 24, 86, 106-7, Sre dada
INDEX H5
unity and solidarity, 91
universality (as juriste argument), 83, 102
usury, 6
utility (as jurisuc argument), 63, 102
variant wordings, 8, 19, 79
verdict, 15, 17
versatile, 98
vigil, 44
visiting the sick, 47
way of speaking (of Abu Fanitah), 50
Western revisionist approach, 123-5
worship, viti, 10, 44, 48, 63, 66, 124; matters of, not susceptible to juristic analogy, 73—4
writing, 7, 11, 15, 76, 108, 121
Transliterated words and phrases
ahad hadiths, Prophetic traditians, reported on the authority of a single narrator, 62, 64, 71, 74-5, 80
abl at-‘adt, the people of justice’, the name that the Mu‘tazilah pave to themselves, 107
abi af Bay? Mit. ‘people of the House, the Praphet’s family, 91
abl al-baditb, 'thc people of badub (q.v), jurists more inclined to follow Prophetic tradidons, less inclined toward their own reasoning, 5, 19, 60, 70, 75, 107
abl ai-ra?y, the people of n? (q.v.)", jutists more inclined to follow their own reasoning when Prophetic traditions did not suffice, 19, 50, 75, T9, 99
Alféhn akbar, Giod is greater, 71
‘allamal, very learned (used as honorific), 33
‘agit, rational, 127
asl (pl. usa), origin, source, founda- tional principle; original situsaon (rom which juristic analogy is drawn, 66. .Vee buen alasi, Magis, magis "alayb, gras, usil al-figh
‘usr, mid-afternoon prayer, 39, 68, 75
athar (sing. afbar), reports of the actions and dicta of the Companions, 11, 28, 76, 80, 95, 94, 102, 108, 110, 127
fair, pre-dawn prayer, 44, 49 faqib (pl. fiqaba?), jurisprudent, 34, 49,
52. 55. 80, 81, 97
A 0 ABUUELANTE ATH
Jar* Tt, "branch, new situation for which a junstic analogy is soughe, 66
iani mandatory religious obligation, 64)
Ju-fayatipiustt sa en Payyibun, Qur'an, 3: 43 , hen tue 10 2 clean suttaec, 68. Nee fuyammim.
[awas] (Wr. pl. fate), jurisc opinion or ruling, 15-17, 19, 35, 48, 50, 55, tm, 7, be, 93, 1035, 16, 111
fib, jurisprudence, passam
buk abati ruling, established in thy spurge texts, For an original situation, whieh is to be estende through juristie analogy (gar, 66
bafiz Tie ‘one who has preserved or memaorized™, honorific indicating high expertise in fads scholarship, ga
hadith (it. saying), repart of what the Prophet said or did or approved; all such reports collectively, panini See Propaetic traditious
badik marfii. report linked back throu narrators to the Prophet, 93
fadil nnrtai tepon by a tubi (ov, without mentioning his source, poing Daek tu the Prophec, 6]
hajj, annual pilgrimave to Makkah, 26, 27, 90
aial, permitted, licit, 69
bara, prohibited, Wicit, 69
Data, vo sacred precincts, Le. Makkah and Madinah, 27, 35
“hädas ites of worship, 64, 73-4, 124
iddah, waiting period before a woman may te marry, 34, 72
“iah, ground or cause ot a ruling (ratio jur), 65-8
iia, the issuing of fanwas, jurisconsulrancy,15 £Sec fanwá, mufti)
Ha’, janstic consensus ot the Companions and, alter chem, of Islanuc scholars, Gd
itibad, exertion of conscience and reiison to derise legal rulings, 58 9, 63, 76-7, 103, 113
Mehfitaf al- fugaba?, differences in merbods or culings between fogios (q.v, 107
af Hunt aia gan, the greatest one worthy co be tollowed', honoerific used of Abu Hanifah, ix, 120
imám(s;. one worthy co folles, a feadler, ix, 8, 16, 25, 28, 30-5, 43, 45,
ore BI 9E Ld
Bias, Yaith, conviction, full cust, 87-9
“shea? ight prayer, 44-5, 68
Eam, seli-surrendor as Gad, the basis of self-transcendence, 9, 87
Ssmtab, doctrine of sinlessness ot immunity from sin, LOF
isnad(s), inking of narrators or sources ofa report ina chain, 34, 60), 61
dstihsan, juristic preference (exercised Sc) as to Promote good or prevent harm) benween permissible rulings, 5, 39,69 70, 112
gigah obligatory tax on noa Muslims
under the protection o£ a Musim state, 99
khabar alwabid, report conveyed on the authority of a single narrator, 6n, 63
&baray, vax em agricultura] land, 99
kalun, dogmaties or theology, 245, RG
kunyah, familar name, usually a patronymic or matironyniic, 2]
madhhab ipl, wadbabib,, doctrine ar school of Islame law, «ii, 69, 105- 6, I8, i10
Hats, NeW situation for which a juristie analogy is sought, 66
Aagi “lark, oripinal situation fron which juristi¢e analogy is drawn, 66
mashhe woll-kninyn, established category ot dad}, G0, 62
masjid(s), mosque, 14, 37-8, 45, 46, 90
Pini, protege or (rcediman ot an individual or clan, 32, 54-5
mu*iinakir, ordinary atas, distinct from rites of warship £899] «s. 73, 102, 4124
muffs), one Who wives a Tarwi (qv, ]5 ib tlt
anthaddith (pl. mibueditbiim, specialist ir. buditb, fU, 93, 97-8, 1 22-3, 127
ntijlaliód, onc oualified to do grid (qx. 3. 103
prre, compllation of Zadih rests arranged by topie, 57
masibaf election of written papers as book or yoiume, 33
anitah, corapilation ot dadih texts arranged Dy narrator, 37
aledh, drink made of dates (or otner fruit: und water, 66
Hafi, supcererogauyy act of worbsip, 75
Hab, gfammar, 99)
qaui, judge fin adversarial cases), 15- LT, 38,97 8, 105 6, 10%
INDEX 14
qadi algudat (lit qadi of the qadis), Chiet Judge, responsible tot administration of courts and appointment of judges, 98, 105
guda’, issuing of legal judgemenrs in adversarial cases, 15, 63
igiyós, juristic analogy, used to derive new rulinys, 5, 58 9, 62 5,68 9,71, 74
r5, (jurisuc) opinion, 28, 50, 58-9, 65, 75, 77-8, 112
ra "ab, à unit ol sula (q.v), 27, 75
riai (lit, ‘men’; sing. ray), the subi discipline of studying the qualities oF narrators ol Jaini, T9, 92,95, 123
reif, act and posture of bowing in the praver, G2
385, 2 tucásute of volume (equivalent to approx. 3.3 ky, of wher, 63
sunnah, a normative practice fat the Propheri, 31, 32, $9, 80, 127
surah, chapter of the Qur'an, 6, 45
sahih, authentic, sound (category of badiths, 18, 19, 29, 60
saéah, tororal prayer rile Guristic topics, 5567, 73 10)
save, fasting Quristic topic), 37
Syra ft st eaettb, assavet of badttb (2, 35
seya b (sing, arkli, teacher, elder, scilor, revered person, 33
fab arab, patitication (qurisüc topic), 57
fali*i (pl. abi un), Successor, af the generation following the Compan- tons, 10, 23, 30--1, 33-5, 55
fafyir, Chur anie commentary, exposirion, 30, 33, 35, 100
148 ABU HANIFAH
řakbir, magnificat, saving dln akbar, 27
faglid, following, consolidating or refining legal precedents, not innovaring, 103
Aagriyab, Kaving an animal uamilked for several days so as to Improve tts weht before selling, 63
tayammum, symbolic or ‘dry’ ablution in the absence or impermissibility of warer, 68
“dama? (sing. “Aei, scholars, learned in Islamic sciences, 12
ast ui High, foundational principles, methodology, o£ figh (q.v.), 6, 112
wafil? obligatory, 60
wa mà adi yaf alun, (trom Quranic verse, 2: 71) "|rhev did it[ but they were on the point of not doing it, 6
warf, Charitable endowment, 114
mara’, awe, fearfulness of God, SI
warragin, paper sellers, 14
wila’, protection or allegiance ex- tended by aa individual or clan to outsiders, 22
wiir it. odd’), tocmal praver, after nightfall nefore first light, ta make the number of ra&Saés (y.v.) prayed ina day odd, 75
wadi ablution, 44, 68,71, 73
zakah, obligatory tax on Muslims only, to purify their wealth, 5, 74
ganni, conjectural, speculative, 62
qindig, heretic, 46
guibidl, selE- denial, ascericism, 34
vair, noor prayer, OB
Abu Hanifah Nu'man ibn Thabit (d. 150/767) is one of the great pioneers in the history of Islamic Law. He was among the first to deploy the recognized methods of legal reasoning consistently, and to gather the judgements and rulings of his time into a systematic corpus. The figh that evolved from his style of reasoning, carried on by his brilliant students, became associated with his name. The Hanafi school is the one most widely followed among the world’s Sunni Muslims, This study of Abu Hanifah's life and legacy is based on the traditional sources. It includes a short survey of how Hanafi fiqh evolved in different regions of the Islamic world. It offers a clear reminder of the criteria and conditions traditionally
applied before any ruling gained ru nian acceptance,
Mohammad Akram Nadwi, former student then teacher of Hanafi and Shafi‘i law at the prestigious Nadwat al-Ulama (Lucknow, India), is currently a Research Fellow at the Oxford Centre for Islamic Studies. He is the author (in Arabic) of several biographies, and editions and translations of classical hadith and fiqh works. His most recent publications in English are a multi-volume primer of Hanafi figh (al-Figh al-Islami, 2007—), and al-Muhaddithat: the Women Scholars in Islam (2007),
Islamic Studies/Religion/Law
EN USA $13.50 b 978-1-84774-017-5
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